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TIP OF THE MONTH ARCHIVES

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.

Diminution in Value of Vehicle

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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