Vehicles

Will my damaged vehicle ever be the same as before?

This would depend greatly upon the nature and severity of the damages sustained and the manner and quality of the repair performed as well as the vehicle itself and history of prior damages etc. Minor damages such as merely a damaged tail light or chrome bumper may be properly replaced with factory replacement parts whereas little if, any evidence of repair would be found even by the most experienced professional. A vehicle which has sustained major damages, even after receiving the best possible repair, will not only have a history of being damaged but most often will have remaining signs of repair which will be easily noticed by a professional (i.e. car dealer at trade in, post repair inspector, potential buyer etc.). Such remaining indicators will cause a loss in value and may pose remaining safety related flaws and defects as well.

How much value has my vehicle lost due to its recent accident?

The loss in value of a damaged vehicle is known as Diminished Value. The amount of Diminished Value of a damaged and repaired vehicle depends upon several factors including: the pre-loss value of the vehicle, the nature and severity of the damages and the cost, manner and thoroughness of the performed repairs. Consider that, when a vehicle is in an accident, it loses its greatest value just after the actual impact or occurrence. During the dismantling, repair, installation and painting of replacement parts, the value is slowly restored as the repairs progress. The full original value will likely never be regained simply because the vehicle now has a history of damage that it did not have before the loss. Prior damage history will be disclosed to potential buyers who will likely not pay the same for a vehicle with a damage history as compared to one with no damage history. This is often referred to as “the damaged goods syndrome”.

How will damage history affect my trade-in or the sale of my vehicle?

Under most state laws, every auto dealer is to disclose an accident history on a vehicle to a potential buyer. To be in compliance, and avoid lawsuits, they are often careful to ask regarding the damage history from the prior owner and may even have the owner sign an affidavit. After disclosure, most buyers are not willing to pay the same amount for a vehicle with an accident history as they would for the same vehicle without an accident history.

What is Loss of Value or Diminished Value?

Loss of Value or Diminished Value is the difference in the market value of a vehicle without an accident history and the market value of the same vehicle with accident history. Unlike depreciation, which is an anticipated and predictable loss in value incurred over time, Diminished Value is an unexpected and sudden loss in value due to a specific occurrence. This loss may be recovered as part of a property damage claim.

Should my car be totaled?

As a general rule, when the damages meet or exceed 80% of the damaged vehicle’s pre-loss market value the vehicle will be considered a total loss. Insurers may elect to total a vehicle prior to reaching this percentage and it is rare that they would exceed it. The insurer is given the liberty to make the decision to repair or replace (within state laws and guidelines) and once determined, the insurer is held to certain standards in their performance of their selected option. In either option, the consumer is to be indemnified for their loss and placed as closely as possible to the economic position they were just prior to the loss.

What should I expect from the insurer?

Based upon past case history, the court has stated that an insurance claims adjuster has no affirmative obligation to advise an insured or third party claimant of their rightful entitlements; however when an adjuster provides information to a claimant about the claim, the adjuster must be truthful. As “Buyer Beware” is aged and sound advice for a buyer, the same adage may be appropriate for exercising caution when one is making a claim against an insurer.

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