Should the court system take into account that you have reliable transportation and it might cost you more money to buy more reliable transportation when you have your car fixed than the actual value of your car in some book?
2006-08-29 02:47:06 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The court will award you damage that you actually present. Loss of use, depreciation, time lost from work and the like can all be recovered if you can document the loss. The court will not award damage based on speculation or conjecture as to what might happen. You also will need to show that you did all you could to mitigate or lessen the loss you sustained. The point you are making sounds speculative in that you do not know whether you will be able to get comparable transportation at the fair market value your car was placed at. This answer is only relevant in an at fault state where the at fault driver's liability coverage pays the loss. If you are in a no fault state, then the loss payable is governed by the insurance contract and depends on its terms.
2006-08-29 03:03:38 · answer #1 · answered by spirus40 4 · 0⤊ 0⤋
If you want to insure your vehicle for replacement value, do so. This is not a lottery; you are entitled only to the value of the property that was destroyed, or to the extent of repairing the damage.
If you can show gross negligence or intentional harm, you may be entitled to punitive damages as well as fees and costs.
2006-08-29 03:01:19 · answer #2 · answered by thylawyer 7 · 0⤊ 0⤋
I think a fair and balanced settlement is quite allowable, that also takes other things into consideration, monetary gain not being one of them.
2006-08-29 02:50:20 · answer #3 · answered by Life after 45 6 · 0⤊ 0⤋