Insist on Collecting for Car Depreciation

Brent Adams
Attorney
(866) 735-1102 Ext 645
Posted by Brent AdamsJuly 25, 2007 9:55 AM
Tags: None

Insurance adjusters almost never volunteer to pay a car owner for depreciation to their car after it has been wrecked.

The depreciation occurs because of the simple fact that a car that has been involved in a collision is not worth as much as an otherwise identical car that has not been involved in a collision.

All other things being equal, a person is willing to pay more for a car that has never been wrecked.

Insurance adjusters try to limit payment on their claims for costs of repairs. Even at that, they try to force claimants to accept used parts or the cheaper off-brand parts when repairing their car. The disputes with insurance adjusters usually revolve around the type of parts to be used in repair and whether the insurance company will pay for the cost of painting the entire car or just the panels that have been damaged.

By focusing on the repair issues, insurance adjusters are able to side step a very important element of damage which most claimants miss.

The measure of damages for a car which has been in a collision is the difference between the fair market value of that car immediately prior to the collision and the fair market value of the car immediately after the collision.

The cost of repair is only one factor that the court will use to determine the measure of loss suffered by the car owner.

The law in North Carolina requires a seller of a car to disclose in writing if the car has been damaged to the extent of 25% of its fair market value before the damage. There are very stiff penalties for the failure of the seller to give this written notice to the buyer.

The seller, therefore, cannot hide the fact that the car being sold has been wrecked. When this disclosure is made to a perspective buyer, it drastically reduces the price the buyer is willing to pay for the car. This diminution of value is an element of damage which the car owner is entitled to recover.

When you are negotiating with an insurance adjuster about damage to your wrecked car, pickup, truck or van, be sure to insist on recovering for depreciation arising from the fact that the vehicle has been wrecked.

If you or a love one have a question regarding the depreciation value of your car depreciation, please contact us by filling out the form below.


3 Comments

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Terry Miller
Posted by Terry Miller
July 31, 2007 2:59 PM

How excatly should I go about getting the depreciation value for my car after a wreck. Should I get estimates from car dealerships?

Brent Adams
Posted by Brent Adams
August 02, 2007 10:20 PM

Thanks for the comment Terry:

Estimates from car dealerships are good. Also used car dealers could be a good source for opinions.

Dealers are sometimes reluctant to write estimates or to otherwise get involved in someone else's battles. They are also afraid of being called into court. But if they think they can sell you a replacement car, they might help you.

There are people who make such estimates for a living and will provide you an estimate and will testify in court. The will charge for this service, however.

As the owner of the damaged car, the court (in North Carolina) will allow you to testify about value even though you are not an expert.You must,however, show that you have made inquiries from other sources about the value.

tay redus
Posted by tay redus
August 06, 2007 12:33 PM

I was in accedent where the other person was in fault. Their insurance company(statefarm) will not give me the depreciation value of the car,I have a 2003 Toyota Camry and it only has 69,000 miles on it and they are saying my car is to old and has to many miles on it. Is this really true?

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