Automobiles are not designed to absorb collisions, so a low-impact accident can cause extensive damage. An accident can instantly diminish your car’s value beyond the visible dents and scratches. What’s more frustrating? No matter how good the repairs are, a vehicle can never be returned to its pre-incident condition. If you’ve been in an accident recently, you might qualify for compensation. That’s when an Automotive Loss of Use Attorney can step in to assist.
Diminished value claims, or loss of use claims, are complicated. Kevin L. Sullivan II is primarily concerned with assisting innocent drivers in Florida in recovering their losses. So here is a straightforward guide to help you understand your rights and how to proceed.
If your vehicle has been damaged due to someone else’s negligence, its resale value may lose out drastically — even if it appears to be brand new once repaired. Services such as Carfax and AutoCheck compile vehicle history data, so any accident with your car can appear on these reports. That’s a red flag to prospective buyers, which translates into much lower offers.
Under Florida law, you are entitled to a diminished value claim for your vehicle, a fact that must be noted here. Consult with a knowledgeable Automotive Loss of Use Attorney to assess the actual loss in value and pursue your valid compensation claim.
This means the amount your car depreciated in value by, calculated from the market value of your vehicle before and after the collision. If, before the accident, the car was worth $30,000 and now is worth $25,000,, you might be able to recover $5,000 for the loss.
Furthermore, you can claim payment due in Florida when your car is unusable. This is what is known as a loss of use claim. Regardless of whether your vehicle is under repair or out of commission, you are entitled to damages for loss of use.
The most basic calculation is done by evaluating the daily rate you would have to pay to rent a similar vehicle to your own. Whether you rent a car in the interim or not, you are also entitled to compensation for lost use. The most used approach for calculating it is the ratio of how much time the car was out of service and the daily rates to rent the car out. Our experts help you decide how much to claim.
Wondering where to begin? Although it can feel overwhelming, moving quickly is important. In fact, the statute of limitations in Florida for car accident claims is a short four years. If you miss this deadline, you lose your right to make a claim altogether.
Here’s how to get started, step by step:
– First-Party Claim: This type of claim is filed through your insurance provider. But first-party claims for diminished value are not usually recognized in Florida.
– Third-Party Claim: You can file a claim against the at-fault party’s insurance company. This is the most common option for recovering diminished value.
An appraisal will provide documentation of your car’s value before and after the accident. This evidence is critical to supporting your claim.
To recover damages, you must prove the other party was at fault. This involves demonstrating:
– Breach of Duty: The at-fault driver failed to act responsibly (e.g., running a red light, speeding, or driving under the influence).
– Causation: The breach directly caused the accident and your subsequent losses.
– Damages: You suffered measurable losses, such as diminished vehicle value or loss of use.
Include repair bills, vehicle history reports, and other evidence to bolster your claim.
Every case is unique, and the value of your claim depends on several factors, including:
– The make and model of your car
– The extent of damage sustained
– Pre-accident condition and mileage
– The quality of repairs completed
– Any structural damage to the frame
An Automotive Loss of Use Attorney can help you evaluate these factors and build a strong case to maximize your recovery.
When it comes to recovering compensation for automotive losses, experience matters. Kevin has managed nearly 1,000 personal injury and car accident cases throughout Florida. Kevin, who has deep roots in Tampa and a commitment to his community, fights for accident victim rights.
What sets us apart?
– Personalized Attention: No matter what size your claim may be, you’ll get the care and attention you deserve.
– Proven Expertise: We have an in-depth knowledge of Florida’s car accident laws.
– Compassionate Support: We’ll help you every step of the way, affording you confidence and knowledge.
Florida allows four years from the accident date to bring a diminished value/loss of use claim. Do it right away, you don’t want to lose evidence that is important.
Yes! You can still be compensated for the hassle of not having a car even if you didn’t rent a car.
Refuses to pay? Sadly, insurance companies don’t always play fair. In those cases, an Automotive Loss of Use Attorney can come in to negotiate on your behalf or take the case to court if needed.
Your car is so much more than just a way to get from one place to another. It’s a crucial part of your everyday life. When an accident disrupts that, you shouldn’t have to bear the costs alone. Kevin stands ready to assist you in recouping the diminished value and loss of use that you deserve.
Don’t let Florida law stand in the way of what’s yours. Call us at (813) 598-4868 to arrange your consultation.
