Mississippi Car Wreck or Accident - How Is Property Damage Paid For?
by
Jay Foster, Mississippi Car Wreck Lawyer
If you are in a car wreck in Mississippi, there are certain things you must do in order in order to prove your property damage to your car or truck. The Mississippi Supreme Court and Mississippi Court of Appeals have held "to recover the loss on personal property which has been damaged, but which can be repaired to a functional use, encompasses two elements: (1) cost of repairs, and (2) depreciation, if any, following repairs."
Therefore, you can get depreciation for the damaged car or truck. In other words, since your car has been in a wreck, it is now worth less than what it was before the wreck. As a result, you are entitled not only to the cost of repairs but the the depreciation of the value of the car.
Of course, if you end up in trial, you must have an expert, such as a mechanic calculate and determine the cost of repairs to make the car or truck functional. Then, the expert must determine whether, following the repairs the car still will not be worth the money it was worth before the accident, and how much less. He then adds the cost of repairs plus the depreciation caused by the accident, even with repairs, in determining the after value.
If you have questions about this or any other car wreck or accident in Mississippi, please
call or
email Jay Foster.