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Category: Consumer Protection Law
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Experience:  Licensed attorney with consumer protection experience.
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i am a wholesaler, i BUY/SELL cars for a living. I only buy

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i am a wholesaler, i BUY/SELL cars for a living. I only buy vehicles that has a clean CARFAX, meaning no accident history. My wife was rear ended yesterday, and it was determined NOT to be her fault. So before I deal with the other party insurance I need to know this. The damageI would estimate about $1000, not too bad, a dent and some scratches in the trunk lid of a 2006 chrysler pacifica. After they agree to do the repairs this car will not have a clean car fax, the color would definitely not match and will have had some paint work on it. So, can I argue or how should I argue about it? I am not trying to be a jerk about it, but it really would affect how much I sell it for. How should i go about it? Also, my 3 1/2 years old daughter was in the car. She didn't get injured, but spent most of the day yesterday talking about it and even dreamt about it. Any emotional distress I can bring up?


I'm so sorry to hear about your wife and daughter's accident, but am glad to hear that they are not seriously injured.


Dimunition of value is absolutely a valid claim in an auto accident, and understandably the other person's insurance company won't offer it to you in settlement. It is absolutely something you can pursue. Laws vary across states, but in Alabama, you can recover as long as you aren't at fault.


It is possible to recover for emotional damages/pain and suffering in a car accident. Depending on the long term effects on your daughter, it is possible that you can recover.


I would recommend contacting a personal injury attorney - most offer free consultation and many work on a contingency fee. This will help you make sure you meet all deadlines, etc. You can also obtain an offer from the insurance company, and then work with an attorney for a contingency of what the attorney recovers for you ABOVE the amount of the original offer.


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