if I was involved in an accident for which I was not at fault, can I recoup any of the lost trade-in value of my vehicle?

UPDATED: Oct 13, 2014

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if I was involved in an accident for which I was not at fault, can I recoup any of the lost trade-in value of my vehicle?

The accident happened because my car was hit by another car after they were rear-ended by the car that was at fault. The trade-in value of my car was $14k; estimated damage to my car was over $9k.

Asked on October 13, 2014 under Accident Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can recover the cost to repair your car, if it can economically and practically be repaired; or if it cannot be (i.e. if the car must be "totalled"), you can recover it's then current blue book value. You generally cannot recover both repair cost and the car's value or a portion thereof--typically, you get the cost to repair, or you get its then current value. You can also recover other out-of-pocket costs attributable to the accident, such as towing costs, the cost to rent a car while yours is in the shop, etc.

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.

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