While the focus for many people involved in a Middleton car accident is their physical injuries, these collisions can also result in significant property damage. These financial losses can be difficult to deal with, especially when the at-fault party refuses to accept liability.
If you are entitled to compensation for the diminished value of your vehicle after an accident, a Middleton diminished value claim lawyer with Ged Lawyers can review the circumstances of your case and help you reach a fair outcome.
What Is a Diminished Value Claim?
Massachusetts law allows motorists to pursue a diminished value claim following an accident, enabling them to recover compensation based on the lost value of their vehicle after it has been repaired.
The reality of car repairs is that vehicles will never retain their full value after an accident. Even if the vehicle seems to have returned to its original condition, it is likely that the sale value is diminished from the accident.
Diminished value claims have not always been available in Middleton. For years, Massachusetts law held that a plaintiff did not have the right to pursue a claim for diminished value after their vehicle was repaired. This changed in recent years due to a case known as McGilloway v. Safety Insurance Company.
Ways a Middleton Diminished Value Claim Attorney at Our Firm Can Assist You
We understand how stressful the aftermath of a car accident can be. Allow Ged Lawyers to take your case off your hands while you focus on personal matters. On your behalf, one of our diminished value lawyers can:
- Review the different insurance policies
- Collect evidence to show your eligibility for compensation
- Prove the other party’s responsibility
- Evaluate your damages
- Speak to the insurance companies and others
- Argue your case in trial, if needed
Our team will strive to achieve the best possible outcome for you while providing the client care you deserve. Check out some previous client testimonials about how we’ve handled cases:
“Knowledgeable, great communication, and friendly” –Gina R.
“Very helpful and professional customer service. Superb experience. Highly recommend. Service from start to finish and some more.” -Eyad A.
Now, our team is ready to see how we can help you with your diminished value claim.
There Are Different Types of Diminished Value Claims
Whether you can recover diminished value compensation from your insurance depends on the policy language. Most insurance companies do not offer first-party diminished value coverage on their policies.
Still, remember that not every diminished value claim is the same, and you may have options for financial recovery. As such, when your vehicle is damaged in an accident, different factors could reduce its value, so you could have a viable case for compensation based on the nature of your claim.
Repair-Related Diminished Value
In some cases, the quality of the repair work after an accident can impact the value of your vehicle, whether it’s cosmetic or structural. When repairs are not performed correctly, it might not be long before the vehicle is back in the shop.
Inherent Diminished Value
The fact that your vehicle was in an accident immediately diminishes its resale value, even if a mechanic is able to fully repair your vehicle.
Auto dealers consider vehicles with an accident in their history to be worth less than vehicles with a clean record. Vehicles involved in accidents are more likely to need repairs in the future, which can directly diminish their value.
Immediate Diminished Value
The immediate diminished value of a vehicle relates to the damage caused by the accident itself. In the immediate aftermath of a crash—and before the vehicle can be repaired—the value of a vehicle drops dramatically. Repairing the vehicle could help boost its value, though.
How Long You Have to File a Diminished Value Claim in Massachusetts
Just like with a personal injury case in Middleton, you have a limited amount of time to file a diminished value case. This deadline, which is known as the statute of limitations, generally runs for three years, according to Mass. Gen. Laws ch. 260 § 2A. The three-year period begins on the date of the accident as opposed to the date you learned the value had been permanently diminished.
If you try to file a lawsuit after the statute of limitations expires, the judge overseeing the case will typically grant a motion to dismiss the at-fault party filed. Unless there is some kind of exception that applies, the court must dismiss the case with prejudice, meaning you are forever barred from filing it again— regardless of how strong your case is.
This deadline also impacts your ability to negotiate a settlement with the insurance company. If you no longer have the right to file a lawsuit, they have no reason to settle with you.
How Much Does a Middleton Diminished Value Lawyer at Our Firm Cost?
If you are considering legal action related to the diminished value of your vehicle, our firm could get to work on your case before you pay us anything. In fact, you will never owe us a fee unless and until we help you recover compensation for your loss.
Our attorneys work on a contingency fee agreement. That means we keep a percentage of any damages you receive in your case.
Hire Our Diminished Value Claim Lawyer in Middleton Today
Under the law, you are entitled to seek compensation based on the diminished value of your vehicle. Handling this type of property damage claim after an accident can be frustrating, especially on your own.
From dealing with insurance companies to negotiating settlements, our Middleton diminished value claim lawyer can help with every part of your case. Reach out right away for a free consultation with GED Lawyers.
