Reduction in value of your accident damaged car

If a car is damaged in an accident and is repaired the repair should be declared when it comes to selling the car. In any event the buyer may do a search which may reveal the accident damage. The buyer is bound to use this as a means of securing a reduction on the sale price. The only way to avoid being caught out is to claim for what is known as diminution in value. Can it be recovered in all case?

No not all vehicles qualify. The age, mileage make and model may affect the right to recover this loss. The case of Hussain and Dhawan [2008] may get in the way of this type of claim. The simple principle that the victim should be put back in the position they would have been in had the accident not occurred applies.

You may face the argument that the repairs are good so there is no loss. To get round this you need sufficient evidence to prove there is reduction in value. Usually in the form of an engineer’s report to confirm there had been damage to the structure or integrity of the car, “something out of the ordinary”.

Forbes solicitors can advise on whether there is a claim and can help instruct an engineer to prepare a report. The costs of the engineers report should be recoverable from the party a fault although we are unlikely to be able to recover our costs unless you have suffered an injury, in which case we should be able to recover our costs and act on a no win no fee basis. For more information please contact John Bennett on Freephone 0800 037 4625 or via our online Contact Form.

This entry was posted in Personal Injury.