Initially, the Judicial Counsel didn’t understand how the previous instruction “could possibly be construed to deny recovery” of diminished value. However, as the committee looked deeper into how insurers were abusing the previous instruction, they realized the proposed revised language was “not just a minor clarification, but an important revision.”
The new instruction clearly defends California consumers’ right to recover both the cost of repairing their cars, as well as any loss in value resulting from the accident. Kerr & Sheldon is proud to have assisted in clarifying the law and hope the newly revised jury instruction will make it easier for all California consumers to obtain fair compensation for their vehicle’s loss in value due to an accident caused by someone else’s negligence.
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