What can I do to ensure that I receive cash for the diminished value of my vehicle in addition to having the car repaired?
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What can I do to ensure that I receive cash for the diminished value of my vehicle in addition to having the car repaired?
I was travelling on the highway in the left hand lane and a driver in the right hand lane swerved into the left hand lane colliding with my car, causing me to run off the road into the median at a speed over 60 mph. I don’t yet know whether the car is totalled but I don’t think it is because the air bags did not deploy.
Asked on July 5, 2012 under Accident Law, Missouri
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You don't get both diminished value of the car and repair. You get one of three things and it is usually based on many factors. You get either the car repaired, the value of the car at the time of total or full replacement (the last one is the least probable depending on the settlement). Talk to your insurance company or consider hiring an attorney to help you in possible litigation, especially if you have any medical claims or pain and suffering.
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