These tips are intended to educate the reader about areas of the law that make up my practice. This information may be helpful to do-it-yourselfers or may simply increase the reader’s knowledge and understanding of the legal system.
If your vehicle is damaged in an auto accident due to the fault of
another, you may have a claim for the diminished value of the vehicle.
This is especially true if your vehicle is fairly new and the damage is
fairly extensive. This "diminution of value" claim recognizes that buyers
are reluctant to purchase a vehicle that has been in an accident – even
if that vehicle has been fixed and looks perfect. To obtain a sale, the
seller typically has to offer the vehicle at a reduced price.
To prove such a claim, you need to hire an expert in automobile appraisals
and obtain an opinion as to the fair market value of your vehicle just
before the accident and its fair market value after it has been repaired
following the accident. The difference between these values is the
"diminution of value" and the amount that you should demand that the
responsible party pay you to settle that claim.
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