Small claims it is then. The economic reality is an attorney wouldn’t be able to charge more than a 30-40% contingency fee. So on a $5,000 DV claim, they’re looking at a max of 10 hours worth of pay, and a pretty significant chance of nothing at all, and they’re probably going to spend well over 10 hours to get there.

Because there isn’t a statutory framework for determining DV, every case has to be negotiated or tried on its merits - that’s expensive. It’s one thing to say my brand new $30,000 car has a DV of $3,000 from an accident - but if you keep it for 7-8 years the actual DV loss is closer to $300, and the value of $300 in 7 years is less than $300 today and much less than $3,000 today. So what should you get? The present value of $300? Or $3,000? Unless you routinely sell your cars when they’re a year or two old, $3,000 more than makes you whole, and that’s the remedy you’re owed. To be made whole - no more, no less.