Do I have to keep my car while I wait to settle a diminished value claim?

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Do I have to keep my car while I wait to settle a diminished value claim?

I am submitting a diminished value claim to the at-fault driver’s insurance company. My car has been repaired but I don’t want to keep it; I want to trade it in. Do I have to wait for the claim to resolve first?

Asked on December 17, 2011 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you should keep the car pending the resolution of the claim. The car is material evidence to the claim; if you sell or trade the car and the insurer needs to examine it, have access to it, etc., they will not be able to--and will have a perfectly legimate and valid reason to deny your claim.


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