How Much Can I Recover for Damage to My Car

Brent Adams

Attorney
(866) 735-1102 Ext 645

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This website is dedicated to discussing the law relative to personal injury and disability issues. However, since many people who suffer personal injury in a motor vehicle accident also have to deal with loss to their motor vehicles, we will devote this discussion to the law relative to property damage.

The amount which can be recovered (the law calls this the “measure of damages”) for damage to a car is the difference between the fair market value of the car immediately before the collision and the fair market value of that car immediately after the collision.

The cost to repair the car is some evidence of the measure of damages, but it is not determinative.

Also to be included in the recovery is an amount for the reduction in the value of the car because of the fact that the car has now been “wrecked”. It is only common sense that a car that has been “wrecked” will not bring as much at a sale as an otherwise identical car that has not been “wrecked”. If you could choose between two cars – one which has been “wrecked” and one that has not been wrecked – you will choose the one that has not been “wrecked”.

The law requires the insurance company to pay for that reduction in value. Do not let the insurance company short change you by paying you only the repair bills.