Legal Question in Personal Injury in Florida
On November 20, 2009,my car was involved in an accident. A car carrier was unloading a car on US 41 and was blocking the right lane of traffic enough that no cars could pass. The first car saw what was happening and stopped, My car stopped behind the first car, a third car came along and rear ended my car and forced me into the first car. The third car's insurance company acknowledges that their client is responsible. My car is a 2008 Camry LE with only 17, 400 miles on it. I want to trade in my car and feel that I should receive the just amount for diminished value so I can replace the car. My car now has a history making it undesirable.
Today I received a check for damages to my car. The check came with a section that says: The nature of Payment
Full Waiver of Collision DED
I believe this means I will not be reimbursed for the diminished value of my car, and will have no recourse. I don't believe I should cash or accept this check. I had contacted the insurance company of the person who rear ended my car. Also, the check came from my insurance company rather than the company of the person whose car damaged mine.
Years ago we had another car that was broadsided, We had it repaired, and after 6 repairs the brake lights weren't dependable. It was a nightmare. We don't trust the situation we're in now. I really can't afford to lose several thousand dollars. What can I do? Please help me.
Thank you
Joan
2 Answers from Attorneys
Your insurance (collision) does not cover diminished value. You can get that from the third car, but it is difficult.
Contact your insurance company and discuss your concerns with them.
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