I was rear end in my brand new car, my car is severly damaged after they fix it, it will nto be worth as much as it was, what can I do

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I was rear end in my brand new car, my car is severly damaged after they fix it, it will nto be worth as much as it was, what can I do

Is there a way to get the dimishing value of my car after it is fix

Asked on June 20, 2009 under Accident Law, Virginia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The loss of value is real, but you probably can't do anything about it. Ordinarily, all you will get is the cost of the repairs; if you want to look into doing better than that, based on the facts and any unique laws in your state (where I don't practice), please see an attorney in your area.  One place to find a lawyer is our website: http://attorneypages.com

The problem with the diminished value is that it's speculative, and to a certain extent it's in your control.  If, for example, the accident would take off 30 % of the value now, from what it would have had before the accident (and the number is made up by me), and someone testified that it would stay at that percentage, the longer you keep the car, the less you would lose, as the base price went down.  You might have more repair bills in the meantime, of course, but you can't prove that it would happen.


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