What are my options if I was involved in an auto accident and am seeking to recover diminished value for my vehicle?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my options if I was involved in an auto accident and am seeking to recover diminished value for my vehicle?

I was not at-fault. Small claims limit here is $5,000. The diminished value claim submitted to the at-fault insured’s company was $7,500. The at-fault insured’s company has offered $3,000. The at-fault driver was not the insured.

Asked on February 18, 2014 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You have the right in Florida to sue for diminished value, as long as you were not the at-fault driver and you are not trying to recover it from your own insurer (i.e somone else was at fault and you are suing them). If you do not want to accept the offer, you could sue for more, up to the amount of diminished value and subject to the jurisdictional limits of the court (e.g. $5k for small claims). Note that you would almost certainly need expert testimony, such as from an auto dealer or appaiser, to support the diminished value claim (as a non-expert, your own testimony would not be sufficient), which typically means paying an expert; it is therefore not clear that it would be economically worthwhile to do this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption