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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35309
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I have an auto loss (diminished value loss) claim that I

Customer Question

I have an auto loss (diminished value loss) claim that I believe could be sought in
Small Claims Court in NV. The accident happened 3/26/15, and the local
Vegas Body Shop, lied about FRAME DAMAGE to my car. I've lost $11,500.00
in value from prior value to accident, to the "wholesale" value when I disposed
of the car 7/24/15. What is the maximum that I could recover on this?
Thanks.. Janet Veloz
Submitted: 8 months ago.
Category: Legal
Expert:  LawTalk replied 8 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Under NV law, diminished value is a damage that you can sue for. The statute of limitations to file suit is 3 years for property damage. Presuming that you did not sign a Release of all Claims and waive any further claim for damages or personal injury then you may present your claim for diminished value to the insurance company for the at fault party.

Under NV law, the amount that you can collect is based on the following: If the repairs will not fully restore the value of the property, then amount paid to the claimant is the difference between pre-loss fair market value and post-repair fair market value, plus the costs of repairs. This is actually set out in a Nevada Jury Instruction, and states the law in NV.

You can recover the maximum of what you can prove in accordance with the NV law: The difference between pre-loss fair market value and post-repair fair market value, plus the costs of repairs

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 8 months ago.

Good afternoon,

I'm just checking back with you. Do you have any additional questions that I can assist you with?

Doug

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