Georgia 17C Formula – Mabry vs State Farm – Why is Use of the 17c Formula Unfair?
Georgia 17C – Mabry vs State Farm
Mabry vs State Farm refers to a settled class action lawsuit against State Farm Automobile Insurance Company that set the world of diminished value, as we know it today, into motion. In short, the plaintiffs sued State Farm for breach of contract on first party claims for failing to properly compensate them for diminished value. Through this process birth was given to the infamous Georgia 17C (also known as 17C, or Mabry v State Farm formula). Though many insurance companies have attempted to sell the idea that the formula is state law and/or endorsed by the Insurance Commissioner’s Office, it simply isn’t true. In the PDF attachment at the bottom of this page you will see that the Insurance Commissioner’s Office has never, “promulgated or produced any formula for use in the determination of diminished value as it relates to physical damage claims nor has the Department endorsed any specific formula or method.” Since the ruling Insurance companies have created derivatives of the original method (with similar results) in an attempt to distance themselves from the tarnished name of 17C. The 17C formula was created and applies only to the claimants associated with that court case and does NOT apply to you.
Georgia 17C and most of its sister formulas calculate diminished value by immediately placing an arbitrary 10% cap on your loss of value claim. So if your car is worth $30,000.00 this formula dictates that the maximum possible payout is $3,000.00, even if you sustained $20,000.00 in damages. From there this formula places both a “damage modifier” and a “mileage modifier.” The word “modifier,” is industry speak for reduction. These modifiers chip away at your diminished value often leaving you with a ridiculous offer and sometimes with nothing. If you have received a Georgia 17C diminished value offer on your vehicle, stop what you’re doing and call us now. Whatever you do, don’t cash or deposit the check you have received without speaking to one of our consultants.