Legal Question in Civil Litigation in New Mexico

Re: Diminished value of car after accident

Your best bet is to file a collision claim under your own policy. Your deductible will apply, but your company will undoubtedly go to arbitration with Farmer's, and they can recover the deductible for you at that time. You are entitled to the retail cost of repairs less depreciation. That figure is usually calculated by a discount which the insured must pay to upgrade the parts to "new." It can also be reflected in the choice to use parts made by other than the automobile manufacturer, but you are not required to accept inferior, off-brand or non-OEM aftermarket parts. Insisting on new OEM parts will likely result in a cost to you above that which your company will pay. Most lawyers don't do this type of negotiating as it is not economic for the client. Fairness disputes over automobile repair may be litigated in Albuquerque in the Metropolitan Court under small claims jurisdiction.