Following a car accident, your vehicle can be worth even less, even if you brought it to the auto body shop for first-rate repairs. An Alabama Diminished Value Claim Attorney at Moore Law Firm can help if you’ve been in an accident and need to pursue a diminished value claim.
Why Your Car’s Value Depreciates After an Accident
Following a car accident, the car insurance will likely cover the necessary restorations your car needs. But, when you go to sell your vehicle down the line, potential buyers are less likely to buy just because your vehicle was in an accident. This is even if the repairs were done well and the vehicle looks perfect. Your car loses value, and that loss of value is generally not covered by your insurance.
To make up for the difference between your vehicle’s pre-accident value and its value after restorations, you may be able to file a diminished value insurance claim.
Diminished Value Insurance Claims in Alabama
In Alabama, you can receive compensation from the liability insurance company o for the diminished value of your vehicle. This is based on the difference in market prices from before the accident and after repair. You can make the claim typically within 2 years of the accident according to the Alabama statute of limitations. If you’re the at-fault party, or the accident was caused by something other than a collision, you cannot submit a claim in the state of Alabama.
In Alabama, diminished value has been recognized as a measure of
damages when an action is brought by a third party against the at-fault party. See King Motor Co. v. Wilson, 612 So. 2d 1153 (Ala.1992) (the plaintiff in a fraud action could recover the amount representing the diminished value of the automobile where experts agreed that the automobile was worth less than an automobile that had not sustained damage and had been
subsequently repaired); Coffee County Comm’n v. Smith, 480 So. 2d 1194 (Ala.1985) (in an action against the county for property damage, the proper measure of damages was the difference in the value of the property before and after the damage); Robbins v. Voigt, 280 Ala. 207, 191 So. 2d 212 (1966) (where the plaintiffs’ automobile was damaged in a collision with the defendants’ automobile, the correct measure of damages was the difference in the fair market value of the automobile immediately before and after the damage).
Burden of Proof
In order to prove the diminished value claim’s worth, a certified appraisal expert needs to be retained to determine the claim’s worth. These experts must be qualified as experts to offer an opinion in an Alabama Court room. This is why it is important to work with an Alabama diminished value claim attorney who understands the burden of proof. Expert opinion will be necessary to prove the case to a judge or jury. Dealerships and the difference in pre-accident vs. post-accident trade in value is not evidence that would likely be permitted to be introduced at trial.
Moore Law Firm Can Help
Don’t file a diminished value insurance claim and take on the legal battle all on your own. More often than not, these claims are disputed by insurance companies and it can be difficult to get the compensation you deserve.
Instead, hire an Alabama diminished value claim attorney from Moore Law Firm to help you receive proper compensation. Contact our office in Mobile, Alabama by calling (251) 445-7602 today.
