Your Rights if Your New Car Is Wrecked
My car was wrecked by a careless driver. His insurance company paid for the repairs, but my car is just not the same. Do I have any other rights?
Yes. The law recognizes that a car that has been wrecked, even after it has been adequately repaired, may not have the same value as it did before the wreck. Although the car is completely repaired, the wreck may, in some circumstances, decrease its resale value — sometimes by as much as 10%.
Simply repairing the car does not relieve the other driver’s insurance company from its responsibility to fully compensate you for your loss. If you can show that your car also sustained some loss in its resale value, you are entitled to compensation for this loss as well.