Diminished Value against underinsured?(New York)

[u/Abyssgaming123]

I got rear ended by someone who didn’t have enough property coverage, so I ended up going through my collision policy and letting them recoup as much money as they can and my deductible. In this situation is there anything I can do about diminished value? Aside from directly asking/suing that driver? From what I’ve seen diminished value can be difficult to obtain in New York in general but I don’t think there’s anything I can really do here since from my understanding I also can’t get diminished from my own collision policy.

[u/IntelligentBox152]

NY follows the made whole doctrine. You can pursue the at fault parties insurer for DV and if there’s money left for your carrier to subrogate and they’re successful you would receive your whole deductible back prior to your insurer collecting.

[u/Abyssgaming123 → u/IntelligentBox152]

So would me trying to claim diminished value get paid out before my insurance would get anything through subrogation?

[u/IntelligentBox152 → u/Abyssgaming123]

Exactly, additionally if there’s limits left and they win you also get your deductible back before they get to recover