Q: PA resident in accident in MD caused by MD resident. What state would I file a diminished value suit?
I am a PA resident; I was in an auto accident in MD caused by a MD resident. Their insurance claims full responsibility. I am pursuing a diminished value claim. Do I file lawsuit in MD or PA? For what it's worth, their insurance adjuster is refusing to pay diminished value based on his interpretation of PA law. Before I delve deeper into PA law on diminished value, I want to be sure I am not wasting my time on a case that will get thrown out in PA due to the incorrect jurisdiction.
A:
You would have to file suit in Maryland, and Maryland substantive law would likely apply.
Having said that, I must add that I have never heard the term, "diminished value" suit, in the context of an automobile accident and do not know what you are referencing.
A:
Pa. law applies to your claim with your company if you have collision. Md law applies to what they have to pay you. Diminished value isn't recognized unless your policy provides it. It's basically a creation of the post Car-Fax environment.
You can try suing for it and not get anywhere.
I suggest you focus on your injury claim.
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