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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 113453
Experience:  Attorney experienced in commercial litigation.
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Have a car that was rear ended one year ago. $14,000 in

Customer Question

have a car that was rear ended one year ago. $14,000 in repairs that were done. We were also paid $2,000 for the "diminished" value since the car has been in an accident. We are trying to trade that car in now and are being told by everyone that it is an "auction" car and worth about $10,000 less than it would be without the accident.
What's are recourse?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if you have made the settlement agreement with the insurance company and payment has been accepted, the case is over and no further claims can be brought I am afraid. The onus on these cases is on the car owner to check the diminished values before they take a deal from the insurer, because once they do, they are bound to and stuck with that deal.
So I am afraid that if you took the deal from the insurer, you cannot file any further claims as the claim is closed and you cannot sue once settlement has been closed and accepted.