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- January 23, 2011, 08:06:33 AMFinding evidence to support your claim could also affect your mitigation efforts. To help you avoid this inconvenience, you need the services of a skilled and experience personal injury lawyer.
In claiming recovery for damages in most accidents,You are not allowed to view links. Register or Login, mitigation is an important factor. If the victim fails to mitigate his damages immediately, the insurance company may use it as an argument and the victim’s recovery may be reduced. Hence it is important to act quickly.
In legal terms, mitigation is the reasonable effort made by the victim (plaintiff) to alleviate or reduce the effects of the injury or breach.
Mitigating your Damages in an Accident
You may also recover damages against the offending party in an accident, which is equivalent to the difference between the fair market value of your vehicle before the accident and the value after the accident and it has been repaired.
Claim for Damages against the Party-at Fault
However in California, there is no first-party claim for diminution of value. This means you cannot collect against your own policy for any loss of value that your vehicle has incurred as a result of an accident. According to the court (Ray v. Farmers Ins. Exchange (1998) 200 Cal. App.3d 1411),You are not allowed to view links. Register or Login, once a vehicle is “repaired to its pre-accident safe,You are not allowed to view links. Register or Login, mechanical, and cosmetic condition, the first party insurance company’s duty is discharged”.
If your car was damaged in an accident, you can also recover damages for its diminished value, which is the market loss or value of a vehicle as a result of an accident. A damaged car is naturally worth less than its original value, which was diminished by losses in the accident. This could affect the value of your vehicle in case you are planning a trade-in or resale.
Claim for Diminished Value
In addition, the damages that you can recover is restricted only to the loss of actual use, which means that a victim who did not actually drive the car cannot recover for loss of the opportunity to use the car.
Generally, the loss for the damaged vehicle is often measured as the cost of a rental car, excluding insurance or sales tax,You are not allowed to view links. Register or Login, during the period.
A person whose car was damaged in a car accident is entitled to recover damages for loss of use of vehicle. This claim includes damages for the loss of the use of car during the duration of repair, if the car is a total loss until it is replaced.
Loss of use Claim
Claims for Car Accident Property Loss
Physical injuries are not the only losses that victims may suffer as consequences of a car accident. Property loss - which often includes the damage sustained by a vehicle in an accident - is the next thing that an accident victim has to deal with.
California Car Accident Property Loss: Maximizing your Recovery
By: Car Accident Attorneys
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Home Business
California Car Accident Property Loss: Maximizing your Recovery
。
In claiming recovery for damages in most accidents,You are not allowed to view links. Register or Login, mitigation is an important factor. If the victim fails to mitigate his damages immediately, the insurance company may use it as an argument and the victim’s recovery may be reduced. Hence it is important to act quickly.
In legal terms, mitigation is the reasonable effort made by the victim (plaintiff) to alleviate or reduce the effects of the injury or breach.
Mitigating your Damages in an Accident
You may also recover damages against the offending party in an accident, which is equivalent to the difference between the fair market value of your vehicle before the accident and the value after the accident and it has been repaired.
Claim for Damages against the Party-at Fault
However in California, there is no first-party claim for diminution of value. This means you cannot collect against your own policy for any loss of value that your vehicle has incurred as a result of an accident. According to the court (Ray v. Farmers Ins. Exchange (1998) 200 Cal. App.3d 1411),You are not allowed to view links. Register or Login, once a vehicle is “repaired to its pre-accident safe,You are not allowed to view links. Register or Login, mechanical, and cosmetic condition, the first party insurance company’s duty is discharged”.
If your car was damaged in an accident, you can also recover damages for its diminished value, which is the market loss or value of a vehicle as a result of an accident. A damaged car is naturally worth less than its original value, which was diminished by losses in the accident. This could affect the value of your vehicle in case you are planning a trade-in or resale.
Claim for Diminished Value
In addition, the damages that you can recover is restricted only to the loss of actual use, which means that a victim who did not actually drive the car cannot recover for loss of the opportunity to use the car.
Generally, the loss for the damaged vehicle is often measured as the cost of a rental car, excluding insurance or sales tax,You are not allowed to view links. Register or Login, during the period.
A person whose car was damaged in a car accident is entitled to recover damages for loss of use of vehicle. This claim includes damages for the loss of the use of car during the duration of repair, if the car is a total loss until it is replaced.
Loss of use Claim
Claims for Car Accident Property Loss
Physical injuries are not the only losses that victims may suffer as consequences of a car accident. Property loss - which often includes the damage sustained by a vehicle in an accident - is the next thing that an accident victim has to deal with.
California Car Accident Property Loss: Maximizing your Recovery
By: Car Accident Attorneys
Professional SEO Services : SEO Expert : Best SEO Company : SEO Tips
Home Business
California Car Accident Property Loss: Maximizing your Recovery
。