South Carolina Trial Law Blog

In a discussion the other day, Robert Phillips of McGowan, Hood, Felder and Johnson reminded us of  Adams v. Orr, 194 S.E.2d 232, S.C. 1973. “It is admitted that the plaintiff was entitled to recover for loss of use of the vehicle and for depreciation, which every wrecked vehicle experiences.” Pretty clear cut. He also gave a great form to give to a used car dealer to fill out, to determine the amount of depreciation.

DEPRECIATION APPRAISAL

My name is [person giving appraisal] and I am employed as the [title of person giving appraisal, usually Used Car Manager] of [dealership person giving appraisal works for]. I have approximately [number of years experience] years experience in the sale, purchase, and appraisal of used automobiles. I am familiar with the market value of used automobiles, and used automobiles that have been involved in automobile accidents in the Myrtle Beach area. On [date of review], I reviewed pictures of a [make and model of car in collision] owned by [wrecked car owner] that was involved in a car wreck on [date of collision]. I have also examined the itemized bill for repairs on this automobile. The retail value of the [make and model of car in collision] before the accident was $[retail value before the wreck]. After reviewing the pictures and the itemized bill for repairs on this automobile, it is my opinion that the retail value of this damaged automobile would be $[retail value after the wreck]. Therefore, this automobile has sustained depreciation in the amount of $[Difference of retail value before the wreck and retail value after the wreck] as a result of damages incurred in an automobile accident occurring on [date of collision].

______________________________

Name

______________________________

Name of Business

______________________________

Address

______________________________

City, State, Zip Code

SWORN and subscribed to before me

This ____ day of ___________, 200__.

______________________________________

Notary Public for South Carolina

My Commission expires __________________

Thanks for the help, Robert.

me and my wife where in volved in an accident and a lady that hit or 6 day old ford sportstrak xlt did over 4200 in damage and labor we bought it brand new it only had 5 miles on it when we bought it and now the insurance lady said she didnt think that the most we would get was 500.00 and she didnt think that it hart the value at all. i live in jacksonville fl.

does maryland have laws such as depreciated or diminution of a vehicle

I have a 2008 Nissan Altima purchased on March 31st of 2008. In early December, 2008 my wife was involved in an accident that she had no fault in. We had repairs of nearly $4,500. We now have received an offer from insurance company of lost value of $1,500. This does not sound fair to me. Any advice? Thanks-

I was told that your car had to be under 100,000 miles to be able to claim recovering deprciation. Is this true?