My wife was broadsided in a brandnew CR-V we baught just under 6 months ago, should we get a lawer for full replacment?

UPDATED: Sep 30, 2022

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My wife was broadsided in a brandnew CR-V we baught just under 6 months ago, should we get a lawer for full replacment?

We bought my wife a Brand new 2015 Honda CR-V in November for 27k, it had 6 miles on it when we drove it off the lot we still owe 22k. she was broadsided by a man on 5/3/2016. Cars depreciate in value when you drive them off the lot, and depreciate even more when they are in an accident. my question is, I am not going to be comfortable with her driving this thing rebuilt with my 8 and 4 year any more. should I get a lawyer to force the guys insurance campany to pay for full replacement including extra’s we had put on it, or would it be a lost cause to even try?

Asked on May 4, 2016 under Accident Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Under the law, if a car can be repaired for less than its then-current value, neither an insurer nor an at-fault driver needs to pay out the value of the car (let alone what you paid for or owe on it, which is--as you correctly observe--almost certainly more than the then-current value due to depreciation). Rather, if the car can be economically repaired (repaired for less than its current value), all the insurer or at-fault driver must do is pay for repairs. So if.the repair cost is less than the current value, you will not be ableto get the car "totalled" and get it current value or its replacment cost.

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