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Thursday, December 19, 2013
Insurance Company Repaired My Car After Pennsylvania Car Accident- But Isn't It Worth Less?
Your were in a car accident in Pennsylvania. The car was repaired by the insurance company. Were you really "made whole"? Did the repairs really restore your car and put you back in the position you were in before the accident? What about the Carfax Report?
These are good questions. "Diminished Value" Claims address this. The mere fact that your vehicle was in a crash will affect it's market value because it is now less desirable. Another issue is whether the repairs were properly done. You may consider having a licensed appraiser examine the car after the repairs are done to determine if there is a valid diminished value claim and what that value is.
The claim for Diminished Value can be made. You have the burden of proving the claim. Typically, evidence would be either a sale of your vehicle after the repairs. If the sale was less than the market value for a like-kind (same) vehicle that was not in a crash, then that may be evidence of Diminished Value. Otherwise, without proof of a sale, an expert appraisal of the Diminished Value damage would probably be needed.
If you are not able to get the other person's insurance company to pay for diminished value damages under the property damage claim, you may need to file with the appropriate Court as part of a general damages case. If you are injured or have other economic damages due to the car accident, then you should consult with an experienced personal injury lawyer. Be careful about signing any releases or documents for the other person's insurance company without first meeting or consulting with an experienced lawyer.
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