Legal Question in Personal Injury in Missouri
Personal Injury and Vehicle Diminution of Value...
I was involved in a MVA a few weeks ago where I was hit from behind by a driver not paying attention. Police report was taken and he admitted to the officer and others he was not watching. I'm still going through medical treatment for this injury and my car is being repaired by his insurance. I called the dealer I had purchased the new car from 9 days prior (it had 700 miles on it before the accident) and got an estimate of it's worth. I presented this to the insurance company, roughtly $6-7,000 in diminished value after the accident on tradein. They refuse to evaluate this claim and say they are only responsible for repair costs ($4,400) and say that they've been taken to court over this issue before and have won. I suspect it was by their own clients and not by anyone who was injured by one of their insured. My attorney said that I need to handle all property damage issues but it seems like I'm faced with a brick wall. Am I entitled to the loss that would be taken on the vehicle as a result of the accident if I were to trade it in (which I will if in face I can recover those damages)? What are my rights concerning proprety damages by another insured motorist at fault in the state of MO?
2 Answers from Attorneys
Re: Personal Injury and Vehicle Diminution of Value...
Your attorney is probably going to add the property damage to your lawsuit. I hope your attorney is a skilled trial attorney, as the current trend is to force cases to trial. The way an insurance company handles your property damage is some indication of how they will handle your case- I have some responses to this problem on my website, and hope they are helpful to you.
Having said that, I will say this- the loss of value after a wreck is difficult to prove. If you trade the car today, there is some basis to prove that, but it is mere speculation to estimate a loss 4-5 years from now! They are obligated to make your car as it was before the wreck, and the actual damage is pretty easy to establish. Diminution in value down the road will require experts and an experienced trial lawyer to establish.
Re: Personal Injury and Vehicle Diminution of Value...
In my opinion, if you are represented by an attorney, you should direct all of your legal questions concerning this matter to your own attorney. Your attorney should provide you with all the legal advice and help you need to resolve any property damage claim. Good luck.
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