Pennsylvania - Diminished Resale Value for at-fault party?

[Pete_]

What is the name of your state? : Pennsylvania

I am at fault in an accident causing over $17,000 in damages to my vehicle. Air bags deployed, and obviously, the resale value of the 2-year old vehicle will be reduced. This diminished resale value would likely tip the scales, and the vehicle would be totaled if it was applied. Being at fault, do I have any recourse?

Thank you.

 

[justalayman]

No, you don’t

 

[Zigner]

What is the name of your state? : Pennsylvania

I am at fault in an accident causing over $17,000 in damages to my vehicle. Air bags deployed, and obviously, the resale value of the 2-year old vehicle will be reduced. This diminished resale value would likely tip the scales, and the vehicle would be totaled if it was applied. Being at fault, do I have any recourse?

Thank you.

Yours is not a legal question.
What did your insurance company say about the matter?

 

[adjusterjack]

Yours is not a legal question.

It kinda is. There have been many lawsuits by insureds against their own insurance companies for diminished value. Courts have pretty consistently rejected such compensation on first party policies.

PA Supreme Court rejected diminished value on first party policies in Munoz v. Allstate 1999.

 

[justalayman]

Actually it is a legal problem but the PA courts have already dealt with it.

As the op alludes to, diminution of value is a form of damages. In third party claims (in PA and many other states) it is recoverable from the at fault party. In first party claims, most states, PA included, their courts have determined it is not recoverable. Simply put the liability of the insurance company is to pay to return the car to a pre accident condition and nothing more.

 

[Pete_]

AdjusterJack answered my question.

Thank you.