Linthicum Heights, MD asked in Car Accidents for Maryland

Q: Can I be compensated for the lost value of my vehicle due to a crash that damaged the frame? Maryland.

I was rear-ended almost two weeks ago. I just read the damage report and estimate from my insurance company and it states that one or two side rails need to be repaired. I have several small children and don't feel comfortable driving a vehicle that has been in a serious collision like this. My husband and I would like to replace it with a vehicle that has not been in a crash, but obviously, even after repairs, our van has lost market value. Is it possible to ask the insurance company to compensate us for the lost value of our vehicle in addition to repair costs? Thanks in advance!

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2 Lawyer Answers
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Personal Injury Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: The claim you are suggesting is called a 'diminished value' claim. Maryland law recognizes the concept that a car that has been "wrecked and repaired" is worth less than a pristine vehicle. An expert appraisal is necessary to quantify the scope of the loss.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Maryland

A: I agree with Atty Kirk's answer.

However if you were injured you should consult with a member of the Md. Assn for Justice--they give free consults. A hit severe enough to bend the side rails would have significant forces directed at your body.

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