When your car is damaged in an accident, its value can go down even after it was repaired. If you decide to sell your vehicle at any point in the future, disclosing the fact that it had been in an accident can mean a lower profit for you. This is your car’s diminished value.
When you are injured in a car accident, the at-fault driver is responsible for covering the financial expenses and losses of the collision. Our car accident attorney will make sure you understand the range of damages you can recover. We also explain how the damage to your car – even after repairs are made – can decrease its value and how to make a diminished value car insurance claim in Louisiana.
What Does Diminished Value Mean?
If a car accident damaged your car, you could typically seek compensation to cover the costs of repairs. Alternatively, you can request compensation to cover the cost of replacing your vehicle if it is deemed a total loss. There is also one additional option for compensation for your damaged car.
RS 9:2800.17 allows you to seek compensation for the diminished value of your car if you can prove your car will not retain its pre-accident value even if it is restored to its pre-accident condition. You can recover damages that cover the gap between your car’s pre-and post-accident value as long as they do not exceed the car’s total value.
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Evidence That Proves the Reduced Value of Your Vehicle
When you seek this type of compensation, the law requires you to prove its validity by a preponderance of evidence. Doing so on your own can be difficult. When we represent you, we include the following in your case file to prove this portion of your compensation request:
- Acceptable industry pricing guides: according to Insurance Information Institute (III) guidelines, this can include the Kelley Blue Book, and the National Association of Automobile Dealers’ NADA Guides
- Respected expert auto industry consultants who know and can attest to your car’s value before and after the accident, which can include reputable car dealers
Your car’s mileage, accident history, and the value of the same make and model vehicle in your area all play a role in determining the value of this portion of your claim. In addition, when one of our car accident lawyers represents you, we help you fight for and prove the financial impact of the accident on your pricing ability should you decide to sell your car at a later date.
Louisiana Law Limits Your Time to Take Legal Action
In addition to diminished value, if another driver damages your car, you can seek compensation for your medical care, loss of income, pain and suffering, and more. Determining the decreased value of your vehicle, and assigning an overall value to your car accident lawsuit quickly, is essential because the time you have to seek recovery is limited.
In Louisiana, the personal injury statute of limitations is generally one year, according to CC Art. 3492. When we handle your case, we make sure all financial expenses and losses are included in your case and that the statute of limitations does not expire and puts your right to compensation at risk.
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Read More About Our Responsive Legal Team
Our personal injury law firm strives to provide every client we represent with the best in-office experience possible. When previous clients talk about our legal team and their experience in our office, they say:
- “Mrs. Pam and Mr. Scott are a dynamic team…at any time that I had a question or concern it was promptly answered. Furthermore, I also appreciated them updating me without being prompted…to truly have someone explain the process to you is an added benefit.” – Colbe Mitchell
- “They returned our phone calls and emails in a very prompt and professional manner. We feel very safe and protected buy them and give them our trust without hesitation. I thank all of the team at Laborde Earles.” – Christopher Vlahogeorge
- “Mrs. Greene has taken the time to respond every time I have tried to contact her office…I am very satisfied with the professional and excellent level of service and the attention to detail…she cares about each and every one of her clients and is striving for the best outcome.” – Forrest McDaniel
Helping you seek compensation for the diminished capacity of your car is a priority for our entire team. We fight hard for you and for every client who trusts us with their case.
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Learn More About Your Rights to Compensation By Contacting Our Office Today
If you were involved in a car accident in Louisiana that caused the value of your car to decrease, a car accident lawyer can show you how to file an insurance claim for the diminished value of your vehicle. Call (337) 777-7777 to contact Laborde Earles Injury Lawyers today to learn more.
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