In Oregon, the damage to your car is a property damage claim.
The General Rule
You are entitled to recover your car's loss of fair market value as a result of the property damage.
Generally, the difference in value is what it would cost to fix the car.
However, if you have a newer car, it may still be worth less than it was prior to the collision. This is called a diminished value claim. An appraiser can help you establish the dimished value.
If the cost of your car repair is almost as much as its fair market value, you are entitled to the fair market value of the car. You and the insurance company may not agree on the fair market value.
If your car is in the shop, or is being appraised, you are entitled to be compensated for the loss of use of the car, which is equal to what it would cost to rent another, similar vehicle. If your pick up truck was damaged in a collision, a sub compact car is not similar. You get the rental value of a pick up truck.
Other Things To Consider
If you have a disagreement on the repairs costs, diminished value, or the fair market value, you cannot file a lawsuit just on that issue, if you have an injury claim as well. You must file all claims arising out of the one incident.
We handle property damage claims for our injury clients regularly. If you have an injury claim, and you are dealing with property damage as well, call us at 503-325-8600. We know our way around property damage claims, and can help you know where you stand.
