Legal Question in Personal Injury in Missouri

What are insurance companies responsible for in MVA's?

On Aug. 25, '04 I was involved in an accident where I was struck from behind by a pickup truck at a stoplight. The police report indicates the other driver was at fault (he was bending down to pick up a cigarette lighter on the floor of his vehicle). It was a new vehicle I had in my possession for 9 days and had put 700 miles on. They are willing to pay for repairs in full, but are totally unwilling to negotiate any other physical property damages beyond that. My car is now worth less and I've heard the term ''diminution of value'' passed around quite a bit. My lawyer says he isn't sure if the liable insurance company is responsible for paying me what my car was devalued as a result of an accident. The insurance company says they have won several cases in IL and MO concerning DV claims and will not consider my claim. I looked online and could not find any claims in reference to DV. Are they lying? Is my attorney correct? Who is responsible for the devaluation of my new car and how do I go about recovering it? Do I need to find a more aggressive lawyer?


Asked on 9/23/04, 12:47 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: What are insurance companies responsible for in MVA's?

If you are receiving advice from an attorney, it is unethical for me to offer you advice unless and until you discharge that attorney.

Please understand, I am not asking you to discharge this attorney. I do not wish to be your attorney, and do not handle cases of this type. But by mentioning the attorney here, I cannot reply.

I am sorry I cannot comment further.

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Answered on 9/23/04, 1:47 pm


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