Car Diminished Value.

What kind of attorney can help me to receive a payment for my car diminished value after not-at-my-fault car accident in Illinois?
Other driver’s insurance company denied my written demand.

Thank you,

Gene
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Answers (3)

Marijo

Call Wattel & York - they are the experts and have attorney's in many states - home base is AZ
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Donald Solomon Nathan

Donald Solomon Nathan

Contributor Level 5
Gene:

I'm not soliciting your business like some Arizona firm. Frankly, I don't think you need a lawyer for this at all. No lawyer is going to be able to do any more than you can do for yourself in this situation.

In Illinois, you are entitled to have your car repaired if it is damaged without fault on your part. Cars aren't considered to be the same as flesh and blood under Illinois law, however. They are made of metal, plastic, glass and rubber. All of those things can be replaced unlike a body which can be permanently damaged. For that reason, under the law in Illinois you are entitled only to have your car repaired. You do not have a right to diminution of the "value" of your car because once repaired, it is considered to be in the condition it was before it was hit.

You are certainly entitled to the cost of a substitute rental vehicle while your car is being repaired as long as the rental vehicle is not fancier than your car: i.e. if you have a '98 Chevy Cavalier, don't expect to be able to rent a '10 Mercedes and get reimbursed for it in full.

This may not be what you want to hear, but you may as well know the score and get your car fixed now rather than fool around hoping for a pot of gold at the end of the rainbow you are not entitlled to get under the law.

Donald Nathan
www.donaldnathanlaw.com
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Jonathan H Levy

Jonathan H Levy Avvo Pro

Contributor Level 9
Not clear how much damage you have but if it is just property damage and not a total wreck, you should be able to handle it yourself. Try filing a small claims lawsuit against the other driver.
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