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            You should know that the insurance companies cannot declare your vehicle a total loss unless  the cost of repairs exceeds 75% of the value of the vehicle.

The insurance companies must follow the standard set out in  KRS 186A.520(1) :

            “Vehicle which has been wrecked, destroyed, or damaged, to the extent that
the total estimated or actual cost of parts and labor to rebuild or reconstruct
the vehicle to its pre accident condition and for legal operation on the roads or
highways, not including the cost of parts and labor to reinstall a deployed
airbag system, exceeds seventy-five percent (75%) of the retail value of the
vehicle, as set forth in a current edition of the National Automobile Dealer’s
Association price guide.”

            Anna Aleksander, Aleksander Law Office, PLLC assists clients with property damage claims when the client retains her for their injury case. She does not charge for property damage claims when they are settled as part of the injury case. The only time she charges a fee for property damage, is when the damage has to be litigated independently or as part of the overall injury case, and in some diminished value claims.  Often she will seek the “diminution value” of your vehicle if the car needs to be repaired. Call to discuss your claim 502-589-0816.


Kentucky allows a diminished value claim. If you car is worth less after the repairs then it was worth before, you may have a diminished value claim. Call Aleksander Law Office, PLLC (502-589-0816.  If you are going out car shopping you may have noticed that vehicles in perfect mechanical and cosmetic condition are worth less than the ones that have never been previously wrecked. Most consumers whether a car dealership or in a for sale by owner situation will rely on Carfax or similar records to determine if the vehicle has previously been wrecked. Consequently if it has been previously wrecked it’s value maybe less. This is what diminished value or diminution of value claim is all about. You maybe entitled to compensation for the difference in the value of the car before and after the repairs. These claims have to be negotiated strenuously and frequently the insurance companies will not want to pay without a fight.

Kentucky Administrative Regulations address this issue.

806 KAR 12:095, Sec. 7(2):

The measure of damages in a third-party motor vehicle loss shall be the difference between the fair market value of the motor vehicle immediately before and after the loss, proportioned by the third party’s contributory negligence, if any.  Repair estimates or appraisers’ reports may be used to indicate the difference in fair market value.

            Having proof in the form of a written appraisal helps your case significantly.

Therefore, If you have been injured in a car accident and have a diminished value claim, make sure to call attorney Anna Aleksander at Aleksander Law Office, PLLC to discuss your property damage issue.  502-589-0816

Blog copyright Anna Aleksander Aleksander Law Office, PLLC 2022.

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