Legal Question in Civil Litigation in Illinois

I was involved in a traffic accident (Not at Fault). Four way intersection, the other driver ran a red light and hit my vehicle causing about $13,000 in damage. My vehicle is four months old 2014 F250 Platinum. The frame apparently not damaged so they want to fix. Am I seriously expected to spend the next 5 years paying full price for a new vehicle or will they cover the difference or Diminshed Value?


Asked on 5/13/14, 10:02 am

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Yes. If they can fix it so that it's in the same condition as before the collision, that's all you're entitled to from the other driver's insurer. You do get to pick the shop that makes the repairs, and you can contest the decision to repair the vehicle instead of declaring it a total loss, But even if it's a total loss, you're only entitled to the actual cost to purchase a 4 month 2014 F250 Platinum, not the amount necessary to buy a new F250 Platinum. There is no recovery for "dimminished value." If you dont wish to be in this position again, you will have to either not drive or buy special collision insurance that pays you for a new car even if it's the other driver's fault.

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Answered on 5/13/14, 11:27 am


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