Legal Question in Personal Injury in Florida

diminished value

When your car in damaged in an auto accident through no fault of your own (other driver is 100% at fault) would you be entitled to receive the diminished value of the car once the repairs are made? I have not had the car repaired yet and I have not spoken with their insurance company yet(at fault drivers). My car is/was basically brand new (7 months old) and the estimated amount of damages is $4500 not including the hidden damages once the car is pulled apart. How do I go about demanding the diminished value be recovered also?


Asked on 3/28/02, 10:39 am

1 Answer from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: diminished value

The present state of the Florida law supports the recovery of diminished value from the at fault party but not from your own insurance company. The true test at law is the value before and the value after. Cost of repair is only one measure.

I suggest you employ an expert familiar with the proper standards and be sure to use OEM (Original Equipment Manufactures) parts, not LKQ (like kind and quality).

Read more
Answered on 3/29/02, 6:34 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Florida