If your car is damaged in an accident, in addition to repairs and a rental should you also be given compensation for diminished value?

Get Legal Help Today

 Secured with SHA-256 Encryption

If your car is damaged in an accident, in addition to repairs and a rental should you also be given compensation for diminished value?

My wife was hit in the front end by a plumbing truck; it had over $10,000 in damage. The at fault driver’s insurance paid for the repair and rental car. But what about the diminished value? The insurance rep will not recognize the diminished value, and dealers are reluctant to give me a dollar value for diminished value. Yet everyone I talk to tells me that it has a huge effect on my resale value.

Asked on June 20, 2011 under Accident Law, Texas

Answers:

Richard Weaver / The Weaver Law Firm

Answered 10 years ago | Contributor

Yes, you can loss of value to your car. You should also consider seeking damages her her injuries. I would think that with $10,000.00 worth of damages to her car, she probably was injured. Have you sought medical care?

 

Please call to discuss.

 

R.D. Weaver

Attorney At Law

866-605-6226

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Of course any car accident has an impact on the car, but diminished value is not quantifiable. Your wife received what she should have gotten for economic damages (repair and rental). Did she lose time at work? If so, perhaps if you have yet to settle fully with the insurance company, you might be able to get some of that and also any medical expenses. Other than that, there is nothing much else you can do. Keep in mind, with car accidents and depending on the extent of the damage, you get repair cost, replacement or cost if totalled, whichever is less or appropriate to the situation.


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