QUESTION

Is it possible to seek damages for loss of a vehicle beyond the market value in small claims court?

Asked on Aug 13th, 2015 on Consumer Law - Florida
More details to this question:
I was hit with a "curve ball" by my opponents in a small claims court pre-trial mediation session today. Put simply, I was led to believe that my complaint , and the money I am seeking, would be hard to achieve because of the low value of my old car. I am alleging that the defendants essentially destroyed my car. It was returned with a blown up engine. The car is/was needed for work by my wife. We have had to suffer with only use of my other vehicle. That vehicle has been down for repairs due to the increased mileage, and she has also needed to get rides to work, lost out on overtime hours, etc. Essentially, I am dismayed by this idea that the bad car repair shop can just get away with blowing up my car, because the blue book value is so low. I am asking if the judge will consider the actual value of this vehicle to me, as I have owned it for many years , and maintained it mostly by myself as an amateur mechanic. It will cost me much more than "book value" to actually replace it.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
This is the peril of representing yourself in a legal proceeding. The answer is no, not generally, though there may be other legal arguments that can be made for the damages you describe. If you are serious about using the courts to resolve this dispute you really need to retain a lawyer to address these issues.
Answered on Aug 17th, 2015 at 8:36 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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