Rosenfield v. Choberka

In Rosenfield v. Choberka (140 Misc 2d 9 [1988]) the court in essence opined that the increasing mechanical and electrical intricacies of modern day automobiles, and the myriad of problems in a vehicle's operation which an accident can cause, may result in undiscovered defects that do not get repaired. Based on this theory, the court concluded that "it is apparent that a prospective purchaser would be more reluctant to purchase an automobile that had suffered substantial collision damage, even though alleged to have been fully repaired, and such reluctance would be reflected in its value in the resale market." (Id. at 13.) That court awarded a judgment that included the reasonable cost of repair of the plaintiff's automobile together with the difference in the car's market value before the accident and after it was repaired.