Property Damage in Illinois Car Wreck Cases

You have the right under Illinois law to recover money as compensation for the damage to your automobile if you were in an accident. Ironically, there is a common misconception that damage awards are only limited to personal injuries in Illinois car wrecks. That is not true. If you were involved in an auto collision and that collision was the fault of the other driver, then you have the right to recover for repairs to your vehicle or the replacement value of your automobile if it is totaled. The replacement value is typically 70% of the cost of the vehicle.

Insurance companies cut costs wherever they can. You have the right to have new parts installed on your car rather than used parts or secondary parts that mimic the original. Some insurance companies have substituted so-called “knock-off” parts for the genuine parts approved by your vehicle manufacturer. Using knock-off parts devalues your car and potentially does not return your car to the full state of worth it was in at the time of the crash. 

Diminished value of your car is a benefit of which most people are unaware. You have the right to compensation for the difference between the estimated value of your vehicle before the crash and the fair market value of the car after it is repaired. If you were to trade your car in to a dealership, you would not receive as much for it as if the car was up damaged. Thus, you lost money, and therefore, you should receive the difference in value. Sometimes the difference in value could be thousands of dollars depending on how extensive the crash was and the nature of the repairs.

There are other property damage losses you can claim in an Illinois car accident. Any after-market additions you made to the vehicle that enhances the value of the car can be claimed in the total value of the loss. Additionally, you can claim the value of the damaged or destroyed property that was in the car when the crash happened. For example, if you carried your golf clubs in the trunk and they were damaged in a rear-end collision, then you are eligible to receive the replacement value of your clubs.


Stein & Shulman, LLC has over 45 years of combined experienced in Illinois Personal Injury Law. You can receive a free and instant case review by calling our office at 312.422.0500.

Stein & Shulman, LLC
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Chicago, IL 60602
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