If Ipaid forpreventative maintenance on my car just hours before it was totaled in an accident,am I entitled to reimbursement?
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If Ipaid forpreventative maintenance on my car just hours before it was totaled in an accident,am I entitled to reimbursement?
I was in an auto accident where I was not at fault. The driver at fault does not recall the accident. He appeared to be either high or had a seizure (this is what the police and fire dept said). My car is most likely going to be totalled as a result of the accident. The problem is that I had up the car from the shop not 3 hours earlier to have the timing belt/water pump/and a few other belts replaced; this totaled $650. If the car is totaled, am I entitled to this money on top of the Total Loss value? The accident was in MD; I live in PA.
Asked on December 6, 2010 under Accident Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, you are not directly entitled to extra money or compensation because you had maintenance done on the car, though you should provide evidence of the maintenance to the insurer when they working on the claim. When a car is totalled, the insurer has to pay the then-current fair market value, often called "blue book value," of the car--no more, no less. Anything that would increase that value would help increase your compensation. Since cars are worth more the better the shape they are in, providing evidence that you have been taking good care of it may help cause the adjuster to value the car at the higher end of what a car of its make, model, year, etc. would be worth.
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