My car was hit and I wasn’t at fault. Am I able to get diminished resale value from the other persons insurance company.

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My car was hit and I wasn’t at fault. Am I able to get diminished resale value from the other persons insurance company.

My car was sitting at my house and a woman backed into it. she claimed full responsibility and the insurance co. is paying to fix it. Now it has a Car-fax record that it was in an accident. Can I file for diminished resale value since the car was wrecked into?

Asked on June 24, 2009 under Accident Law, Pennsylvania

Answers:

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

Answered 11 years ago | Contributor

I understand your issue, but the answer is no.  As far as I know, the law in every state is that your damages are the cost of repair.  The diminished value is too uncertain, because the longer you own your car, the less the difference in value because of the accident.

If you want to check to see if this applies in your case, you can talk to an attorney in your area, who can review all of the facts.  One place to look for a lawyer is our website, http://attorneypages.com


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