To determine the diminution in value sustained by your vehicle you will need to have the vehicle appraised and then compare the value of that appraisal to the value of an identical vehicle (same make, model, year, features, mileage and condition). If the two vehicles are virtually identical in all characteristics then their fair market value should be equal. However, most likely the value of your vehicle will be less because it has been previoulsy damaged and repaired. The difference in the...
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The defendant in the first accident is still responsible for the damage he caused. The key thing is that the damage caused by the first accident be properly documented. It sounds like you have done so since you have photographs and a repair estimate. The fact that the vehicle was subsequently totaled should not effect your claim against the person that originally hit you. Even if your vehicle had not been subsequently totaled, and you collected from the the person that originally hit you,...
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I would suggest you contact the Washington State Trial Lawyers Association (206-464-1011)and request a referral to an attorney that does civil rights work. You could also contact the Washington State Bar Association or the King County Bar Association with the same request.
In further follow-up, I sensed from your question you may have received some resistance to this claim from your former insurance company. If the insurance company does not immediately assign an insurance adjuster and retain an attorney to defend you in the lawsuit, you should hire personal counsel to compel the insurance company to provide you coverage and possibly for bad faith.
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