Ohio court ruling could impact auto damage claims

September 3, 2007

An Ohio couple whose vehicle was wrecked are entitled to more than just the money it will cost to repair it, according to a state appeals court ruling that found the couple also should be compensated because the accident reduced the value of their auto.

Consumer groups say the ruling could help other drivers in Ohio who have seen the value of their autos reduced by an accident.

Duke and Cheryl Rakich bought a GMC Yukon for $49,000 in 2003. Several months later the sport utility vehicle was broadsided.

Nationwide Insurance paid $8,000 for repairs, but when the Rakich’s decided to sell the car, fearing the car was no longer safe, they received offers about $6,000 less than if the car had not been through an accident.

The July 24 ruling by the 10th Ohio District Court of Appeals in Columbus said the Rakich’s could seek more than the repair costs, and could ask for the car’s “diminished value.”

The ruling requires Franklin County Common Pleas Court Judge Eric Brown to hold a hearing to figure out how much the Rakiches are still owed.

Nationwide spokeswoman Nancy Stelzer said that she couldn’t comment on pending litigation. The company has until Sept. 8 to appeal to the Ohio Supreme Court. AP

Topics Auto Legislation Claims Ohio

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Insurance Journal Magazine September 3, 2007
September 3, 2007
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