If you have been in an accident and your car has been damaged, you are entitled to have your car repaired. The obligation of the other driver is : ‘to put you back in the position you were in, as far as money will allow’. This typically means that they must pay for the repairs to your vehicle to put it back into the shape it was in prior to the collision. However, if you have a unique or expensive vehicle, you may be able to claim what is known as ‘accelerated depreciation’.
A recent case in British Columia (Cummings v. 565204 B.C. Ltd. (accelerated depreciation of a car is compensable).) has supplied guidance for claiming ‘accelerated depreciation’ of a vehicle that has been in a car accident. In other words, sometimes the vehicle just is not worth as much as it was before the accident – even if it has been fully repaired. Although the case was decided in British Columbia, many of the principles can be argued here in Alberta.
If you believe accelerated depreciation may apply in your case, give us a call or email us using the the form to the right.