Automobile Fraud: 10.10.1.2 Proving Diminished Value of Vehicle
If the court uses an out-of-pocket measure, the consumer will have to establish the amount the consumer paid for the car. If the court uses a benefit of the bargain measure, the consumer will also have to show how much the car would have been worth at the time of purchase if the car had been as represented.575 In either case, the consumer will also have the burden of showing how much the car was actually worth at purchase, based on complete knowledge about the car’s history.576