I had only had my fancy new car a few days when a careless driver crashed into me. The damage is severe. The certified body shop says they don’t want to repair because the damage is too extensive and will take months. The dealer said even if repaired to perfection they would have to take as a salvage trade in because they don’t sell cars that have history of severe damage to people.
I know my car is expensive, and the insurance company doesn’t want to replace since I bought upgraded insurance.
If my car is not safe for anyone else , why is it safe for me? Also I paid big money for fancy car after repairs it would have no value.
If you have been injured, speak with a Personal Injury attorney who may be inerested in also handling your property damage claim. It sounds like you may have a substantial dimunition in value claim.
Please feel free to contact me for a complementary initial case consultation. 30 years of experience statewide. AV Preeminent Peer Rated by Martindale Hubbell, 10.0 Superb by Avvo, Member of National Association of Distinguished Counsel Top 1%. Former Insurance Company claims adjuster. 25+ Million dollars recovered in Personal Injury.
You need an attorney to litigate the property damage claim. You will need an expert to testify that the vehicle's worth is now as you allege. Such claims are not normally worht the undertaking for damage from a motor vehicle acident. However, if you are speaking of a "one-of-a-kind" or a vehicle that sells for six figures, then perhaps the cost-benefit analysis makes it worth the expense.
Generally - its less than 80% of repair cost to value - its the insurance carriers election. If you are concerned about "diminished value" you will not get far trying to side step that with a first party insurance carrier thought a "totaling" of the car. IF its a third party clam, i.e. another party at fault, then THEY would also have to account for diminished value so you might use that to get a total value. This is something that your existing injury lawyer should be advising you on.
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