I was in a car accident 1 month ago. I was completely stopped making a left hand turn about 5mins from my daughters school in Concord, MA. A man hit straight on from behind doing 20 mph. The only brake marks at the scene were from my car as I had my foot on the brake when he hit me. My car was 6 months old and for sale. We had listed the car for sale the month prior as we were planning a move to Maine and we only needed one car. We were going to break even and sell the car for what we owed, which was a little below KBB. Now that the car has been repaired by the insurance company I now cannot sell the car for what I was asking. There is a clear loss. His insurance company asked for proof of DV and I paid a 3rd party $300 to generate a formal report, I submitted proof that the car was for sale at the time of the accident and I was just denied any diminished value back to make the situation whole. Is this a cut and dry small claims? We are now moving to Maine in two days with 2 cars not 1
Unfortunately, when it comes to property damage from a car accident, the insurance company is obligated only to pay for repairs and/or the book value of the car if it was totalled. Your reasoning is rational. However, their obligation ends if the car is repaired properly. Sorry to be the bearer of bad news.
Steven A. Schwartz
Attorney/Partner
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 742-1170
(800) 660-2270
(617) 250-2072 fax
sas@joelhschwartz.com
www.joelhschwartz.com
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