Pico Rivera, CA asked in Car Accidents and Small Claims for California

Q: Can I claim diminished value for a leasedcar?

On 4/15/2022, I was at the Mercedes Benz car dealership discussing my lease end agreement. It was decided that I would return it/sell it back to the dealership the following week. As I was leaving the dealership, I was rear ended when I was at a stop. After my car was repaired by an authorized repair shop I sold it to Mercedes Benz and was only given $400 because my car was in an accident. My question is, can I pursue the insurance company of the person who hit me for the diminished value of the car? The diminished value was $2,400.

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2 Lawyer Answers
Randy Bryan Ligh
Randy Bryan Ligh
Answered
  • Personal Injury Lawyer
  • Baton Rouge, LA

A: In answer to your question, the owner of the vehicle has the diminished value claim. If you did not own it since you leased it, you do not have a diminished value claim. That said, if I misread your post and you did own the vehicle at the time of the wreck, then you should be able to assert a claim for diminished value.

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Though you were not the car owner, I can see the facts playing in your favor.

one minute you learn what you could sell the car back for, and a few minutes later, that number is diminished. The proximity in time is what would probably attract me to finding for you.

file in your local small claims court.

you have very little to lose!

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