The made whole doctrine says that in cases of Diminished value repairs alone are still not enough to make you whole because of the permanent damage incurred do to the accident and the stigma that occurs because of the accident on the car history report.
Important information you should know about:
Subrogation: When the insurance company at fault doesnt want to use OEM parts or in the case of diminished value, the insurance company doesnt want to pay. You sue the insured policy holder and if policy limits allow for diminished value then the insurance company will pay for the diminished value even if they declined the claim.
What are policy limits, in every state there is minimum insurance coverage limits and the damage liability of the insurance policy is what covers repairs and diminished value.
In every state you have what is called tort law, the law that exist for property damage not destroyed which is damaged and can be repaired but still not be restored to its monetary value is called the reinstatement of torts law and yes it exist in every state.
Another important thing to take into consideration is Statue of limitations, every state gives an average of 2 years up to 10 years but there are a couple states that only allow you one year to file for your claim before it expires. Please check on our faq page the expiration time for your claim.