Legal Question in Insurance Law in Arkansas

Claiming loss of value after auto damage

I was hit by a driver who was at fault. I have been told that I can make the vehicle owner's insurance pay me for the loss of value of my car. In short, my car is now worth less than before it was damaged. The insurance company acted like they didn't know anything about the loss of value law. What do I do now? They told me to send them information about the law, but I don't know where to start.


Asked on 1/12/01, 12:51 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Claiming loss of value after auto damage

The insurance company is legally obligated to compensate you for the proveable damages you have incurred as a result of the wreck. This could include cost of repair, loss of use during repair, and incidental or consequential damages directly attributable to the wreck.

If proper repairs are done and paid for, it could be that the vehicle still has a diminished value as compared to a similar vehicle which has not been wrecked. That would be an element most difficult to prove, however, and if one is going to try that the first place to start is with a dealer.

The question will be whether or not the dealer will pay less for the car, and have to sell it for less, than one not wrecked and repaired.

Usually not, as the prospective buyer is almost always unaware that the car has been wrecked and repaired when the repairs are properly done, and the dealer can be trusted not to tell him.

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Answered on 1/29/01, 9:53 am
Alan Crone Crone & McEvoy, PLC

Re: Claiming loss of value after auto damage

These people are jerking you around. If you like I can help you. I help individuals through very difficult issues like yours all the time.

I cannot answer questions, give legal advice, or quote fee rates over e-mail for several reasons. First, in order to answer questions, I may need to ask you several questions or review documents. Also, because there is no confidentiality with e-mail, some authorities have said that I would be in violation of ethical restrictions. Additionally, if you are already represented, I need to know that in order to ethically render legal advice. Finally, please understand that I make my living rendering legal opinions.

Feel free to call Karen Nickelson, my paralegal, at (901) 527-5522, and set an appointment for an in-person consultation or a telephone consultation. Karen will be glad to assist you with any additional questions about our services or fees.

I would appreciate you letting me know where you learned about me and what city you live in.

Additional information may be found about my firm or me at:

Crone & Mason, PLC -

www.cronemason.com

Thank you,

Alan G. Crone

Crone & Mason, PLC

Eight S. Third St., Fifth Fl.

Memphis, TN 38103

[email protected]

www.cronemason.com

(901) 527-5522

(901) 529-1432 fax

[This e-mail contains confidential information for the addressee. Do not read, copy or disseminate this communication unless you are the intended addressee. If you receive this e-mail by error, please contact the sender by reply e-mail or by phone at 901-527-5522 (collect if you wish). This e-mail is not, nor shall it be deemed to be, legal advice or counsel, unless the recipient already has an attorney-client relationship with Crone & Mason, PLC or me. This email does not create an attorney-client relationship.]

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Answered on 1/29/01, 10:27 am


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