Legal Question in Civil Litigation in Maryland

Parked car accident claim

Someone hit my (1999 VW Beetle) legally parked car in the summer of 2002. It was not totalled, but there was ~$8000 worth of damage. The person who hit my car and I have the same insurance company. Damages were all repaired, but nothing more. Because it was not deemed totalled, I now have a car that has been in a major accident and will have a significantly lower resale value. The car looks fine again, but is not the same.

Do I have any legal recourse to recoup this loss? Should I pursue the insurance company or the person who hit my car--or both? I feel like a victim in all of this, especially because this is the second car of mine that has been in a similar situation.

Thank you, in advance, for your help!


Asked on 10/21/03, 4:16 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Parked car accident claim

When you settled the claim last year and accepted the money for the repairs, you signed a release giving up any further claims against the other driver or his insurance company. Thus, legally, you can no longer receive any compensation for a loss related to this accident.

When a vehicle is damaged in an accident, the law provides that the victim is entitled to the lesser of the repair cost or the diminution in value caused by the collision. Example: If you have a car worth $8000 before the accident which is badly damaged and would be worth only $500 in salvage value if unrepaired, the diminution is $7500. If it would cost less than $7500 to repair, the insurance company pays for the repair. If repairs exceed $7500, that's what they pay.

You said the car is "not the same" despite being repaired. If it's not performing as before, there was probably frame damage that should have been detected by the body shop and made part of the initial repair. Even after you got the car back, if you had made a timely complaint to the body shop, the insurance company probably would have covered it as an add on. Since so much time has now passed, you're probably out of luck, but you could call the claims adjuster and see if they're willing to take another look at it.

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Answered on 10/21/03, 10:04 am


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