Q: Florida resident in PA rear-ended stopped at construction zone by PA driver; how to collect diminished value?
My parents who are Florida residents were in PA visiting friends, and one evening they were stopped at a construction zone on a highway, and was rear-ended by a PA resident/driver. My parents insurance is State Farm, the other driver is insured by Progressive. State Farm insisted that they would repair and not total his vehicle if repairs were under $25,000. The shop did $24,800 in repairs. Problem one; even though they repaired the vehicle, the value of his vehicle is diminished if sold or traded as Carfax would show this as a major accident. Problem two is SF are not covering all the rental car expenses as the repair shop they recommended exceeded the 30 days they cover. State Farm is forcing my Dad to call and negotiate with Progressive. The PA driver exceeded the speed limit in a construction zone, failed to control her vehicle, failed to stop when instructed forcing Dad to stay in PA until repairs were complete. Can he sue for lost value and other expenses?
A: You need to repost this question under Pennsylvania tab as the accident occurred there and Pennsylvania law will apply.
A:
First, if your parents were hurt they have the right to make a claim for their injuries; if the hit was bad enough to smash the car to the tune of 25 k, they aren't crash test dummies and may have inries.. I'll be glad to tell them how to go about that. Second in Pennsylvania you can ask for diminished value but the law has not caught up with carfax, and generally all you get is the cost of repair or the book/market value of the car at the time of the crash, not the loss of value due to Carfax.
Doesn't mean you can't ask for it, but means that Progressive may not pay.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
