OK, now I understand the situation.
That is their choice to make - to "repair" or "total" a vehicle.
Diminished value is the automatic loss in value from a collision
. Almost every vehicle that has been in a wreck will have some form of inherent diminished value.
In the state of Florida, if you are in a wreck and the accident was not your fault you are entitled to file a claim for diminished value.
You originally asked:
Can I take them to small claims court if so how should I name them in the suit.
It depends on how much "diminished in value" your vehicle is - FL small claims is limited to $5,000.00 or less. So if your claim for diminution in value is less than $5k - you can sue them in small claims court.
However, you must look at your policy
- an insurance
policy is a contract
and jurisdiction or even mediation can be mandated therein. So you must look at what the insurance contract states to be sure of jurisdiciton and where jurisdiction is if there is a dispute.
If the insurance policy is silent - then you can sue them in your local small claims court.
Would I just say state farm with the claims adjusters name and phone number.?
You would state or sue State Farm - not the adjuster for them - they are only an employee of State Farm.
Rating REQUIRED: Please don't forget to rate my answer 3 or higher so that I receive credit for assisting you today. Need more help? Reply below with more questions.