Has your car lost its value after a car accident? How many of us would ready the full market value for a car that we did receive had to pay substantial property damage in an accident? One of the basic questions any buyer asks before purchasing a car is whether it has been damaged in an accident. Professional car buyers are the signs for the body to repair damage to a trained car. The average person knows they should always ask for Carfax report on a vehicle before purchaseit. This is because we all recognize that the vehicles their value after the vehicle suffered substantial damage to lose in an accident. Vehicles are simply not worth as much as a vehicle that was never damaged.
Florida recognizes the existence of a claim in tort against the depreciation of a vehicle tortfeaser (who caused the accident). These claims do not give first-party cases, where you have your own insurance to pay for the repair under their contractInsurance with you. First-party claims by the law of contracts and not regulated by the law of tort actions. The claim for diminished value of your vehicle is just one of the claims for damages under Florida's tort law can be pursued, in addition to the more well-known personal injury claims. Loss of value claims can be called, lost its value, said reduced value or reduce the value. It could be invoked for the loss of value, each vehicle should apply, including trucks,Motorcycles, cars, cars, boats, trailers and even wheelchairs.
The measure of damages raised in at least two cases. Florida's Third District Court of Appeals in the case of McHale v. Farm Bureau Mutual Insurance Co. So.2d 409 238 (1982) stated the correct measure of damages is the cost of vehicle repair, and the reduction of the value of. The burden of the depreciation of the vehicle based on the applicants to bring theClaim.
Progressive Insurance Company, Siegle v. Progressive Consumer's in Insurance Company, 819 So.2d 732 (Florida 2002), was sued by one of its own insured for a loss in value of the vehicle, which they had repaired for their policyholders. In Progressive's legal brief to the court, they argued, that would indeed claim a diminished value is not in Florida there are against them by their own insured, third parties would be entitled to seek their rights to recover for the loss of value. While denying that isthe existence of such rights in the first cases recognized party, they are progressive in tort claims of third parties.
We always recommend that our customers receive high-quality photos of their vehicle showing the damage suffered, before the repair. After the repair we have records, obtained an appropriate expert to give an opinion on the depreciation of the vehicle after repair. There is nothing in reported cases requires that the vehicle must be sold or tradedIn order to pursue his claim. be the actual loss suffered, of course, must be proved and must be significant enough to require time and money to justify pursuing these claims successfully.
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