Briones

Diminished value auto claims.

Since the invention of Carfax, car buyers everywhere are able to check whether the vehicle they are purchasing has ever been involved in an accident. This is both a good and a bad thing. Because of this, every vehicle involved in an accident may suffer from diminished value and Massachusetts is one of 21 states that does not allow for reimbursment for this. The truth of the matter is that in this day and age, you cannot be involved in a car accident and suffer property damage and not have it affect the value of your car even after it’s repaired.

The prevailing case in MA regarding diminished value is Given v. Commerce Ins. Co. (Mass. Super. Ct. 2002).

I believe that this is likely to change as more consumers demand coverage for diminished value. It’s going to take pressure on the insurance lobby to make this change. I encourage people to contact their legislators and demand legislation covering diminished value.

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