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Do I have to make a claim with the insurance company or can I just sue in small claims court?


And even after I settle with their insurance can I still sue for diminished value, and sue because what the insurance company gave was not enough in my opinion?

No. You have to sign a release to get any money from the insurance company. You can do one or the other - sue or settle. Not both.

Also, very few states will allow you to recover for diminished value.

My best advice would be to go to a lawyer.
My husband and I were involved in an auto accident which left my husband unable to work for 1 month and he had to have extensive therapy.
The money that the insurance was offering was ridiculous! We went to a lawyer who settled it with the insurance company and got us at least twice the amount they were previously offering. You can usually find a lawyer who will not ask for money upfront and will take their share after it is settled.
Insurance companies will try to offer you the lowest amount possible so do NOT take any offer that they throw at you. Once you take that offer, you can not legally pursue the matter any longer.
See a lawyer first before deciding anything.
Good luck!

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