One of the major headaches of being involved in an auto accident is the need to have your car repaired – or replaced – in the event of a total loss. If you’re determined to be not at fault, then you have a legal right to expect the other driver (usually their insurance company) to pay for your automobile damages in full, as well as any damaged personal belongings.
Filing a property damage claim in the wake of an auto accident generally requires a detailed calculation of the value of the damaged vehicle. The term “diminished car value” refers to the loss in value your car sustained as a result of the accident. Here it is important to understand that diminished car value doesn’t equate to the cost of repairs alone, as the repaired vehicle will have an accident history. In this case, the other driver’s insurance company should not only pay for the repairs but also an extra amount to compensate you for that fact. It is simply a reality in the used automobile market that a vehicle with an accident history is typically worth less, sometimes a lot less, than the same make and model year that is accident-free.
A vehicle-related property damage claim can include auto repair costs, pre-accident fair market value (if the car was totaled), rental car expenses while repairs are being performed, and the replacement value for certain upgrades such as a custom stereo system or high-performance wheel rims. Being paid the FULL value of your damaged or totaled vehicle should be your objective when pursuing a damage claim. In addition to repair or replacement costs, it is possible in some states to potentially obtain “sentimental value” damages for personal property, though the likelihood of recovering such damages is slim. Nevertheless, you should discuss all the potential damages you may have sufferance with an experienced attorney.
Contact Whalen Injury Lawyers
If you’ve been injured in a motor vehicle accident, call Whalen Injury Lawyers to find out your rights with respect to your personal injuries and damages, including damages to your vehicle. Sometimes the only way to make sure that you’re being reimbursed for a damaged or totaled car in full is to entrust your claim to the expertise of a seasoned automobile accident attorney. The lawyers at Whalen Injury Lawyers have a proud history of providing top-notch legal representation to auto accidents victims along with many other wrongfully injured and damaged Coloradans. Our areas of practice include auto accidents, trucking accidents, slips and falls, dog bites, products liability, and more.