Car Accident - Accelerated Depreciation?

[I_H8_Crawford]

I was involved in a MVA a couple weeks ago (other guy at fault) and my car sustained ~$14000 in damages.

Insurance company has said it is a repair instead of write off, but when talking with my adjuster, she said she was surprised that it was going with a repair based on the amount of damage. I want them to cut me a cheque for present value of the car, so I don't have to worry going forward.

My concern is that if they say it's still a repair, my car will NOT be able to sell for present value based on the fact that Carfax will show $14000 in repairs on it.

Obviously insurance companies in Canada (and US outside of Georgia) say Accelerated Depreciation doesn't exist, but there is case law of Canadian courts ruling that there IS.

I want to avoid going to court over this, and want to get them to cut me a cheque, any advice going forward on what I can do?

Couple cases I found:
http://bc-injury-law.com/blog/tag/ac...d-depreciation

Would either of those cases be relevant to me?

Thanks!

[macker]

Was it a new vehicle? If bought new you should have the SEF 43 on your policy that waives depreciation for the first 48 months that you own the vehicle.

[pylon]

Yes.

[JFK]

Insurance Company - 14,000
I_H8_Crawford - 0