Can I sue for repairs made 9 days before an auto accident?

UPDATED: Jul 2, 2012

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Can I sue for repairs made 9 days before an auto accident?

My car was hit from behind at a light and totalled. I had just put in a new clutch and rear axle 9 days before the accident $1400. The insurance company added an extra $200 to the value of the car for these repairs. Can I sue the party at fault or their insurance company for the difference?

Asked on July 2, 2012 under Accident Law, Connecticut


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country, your measure of damages with respect to the car that was damaged is the lesser of the current costs of repair or the fair market value of the vehicle if it is deemed a total loss.

As to the $1,400 that you have written about for the new clutch and axle placed in the vehicle before the accident, you can sue for such a dollar amount but the chances of getting such under the law is not likely based upon my experience.


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