What to do if I was at fault in a car accident and my insurance covered the repairs to the other car but refused to pay for “diminution of value”?

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What to do if I was at fault in a car accident and my insurance covered the repairs to the other car but refused to pay for “diminution of value”?

Now the other insurance company is billing me. What are my options?

Asked on November 29, 2012 under Accident Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country the measure of damages as to the damaged car that you have written about is costs of repair or fair market value at the time of accident (the lesser of the two). One does not get diminution in value for a damaged car under the law if repairs have been made. The other insurance carrier is improperly trying to bill you for additional money.

I suggest that you send this bill to your own insurance carrier and ask that your claims representative handle it.


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