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My brand new car damage by semi,$5100 damage,after their insur co.has it fixed,it still wont be the same,how about depreciate?

Marietta, GA |

Bought new car because I wanted a BRAND new car, not one that has been thrashed by no fault of my own. don't want a pieced together car.5k damage is a lot to a car that was 12k new (30 days ago). wonder if I could sale it when the time comes,(carfacts &such). Do I have any options to truly make this whole???

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Attorney answers 6


Yes you have a claim for finished value. You should contact a company that writes diminished value appraisals. You can contact me at 404 812 4300 if you wish to discuss.


Contact a lawyer in your area regarding any regulations or laws that require diminution of value damages.


You certainly would have a diminished value claim. Consult a local attorney to investigate.

Call for a free consultation at 727-937-1400 or visit us on the Web at


You're entitled to the loss in value to your vehicle after the repair, commonly referred to as diminished value. Dimimnished value is just one component of your property damage claim. Make sure your towing charge, stirage fees, and loss of use-rental was also paid for. Hired an independent appraiser to appraise the diminished value. Make the proper demand pursuant to OCGA 33-4-7.


You are entitled to the diminished value which you should have determined by an independent appraiser hired by you, not by the insurance co. If you want a "brand new" car you will have to purchase another one. Hopefully, you have not lost your diminished value claim by signing a release. Good luck.

Law Office of Robert G. Rothstein (Atlanta)

Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.


You would need to retain a local lawyer who would get an expert to establish this.

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