QUESTION
If a garbage truck backed into my car, are they responsible for providing the whole amount needed to have my car repaired?
Asked on Feb 10th, 2014 on Personal Injury - Nevada
More details to this question:
Hello. A garbage truck backed into my 1997 Buick Lesabre and smashed in the driver's fender and bumper. The car was in a parking area and was parked right. Will they have us get an easement done on it, $2345.00 to repair. Their insurance adjuster called us and told us they can only give us $1600.00 for the car because it is too old. If it was newer they could give us more. Now I thought the law was the party at fault pays whatever the price is for repairs, is that right or am I wrong? That is what I need to know. Thanks.
9 ANSWERS
Ronald A. Steinberg
The garbage truck is responsible for the full reasonable cost of the necessary repairs to the car. Tell the adjuster that either he pays for those repairs or you will get a lawyer and file suit. Then DO IT.
Answered on Mar 03rd, 2014 at 4:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Paying for repairs is NOT the law. you get paid for your diminution in value. Your loss of value. If the car is worth 1600 you are entitled to 1600. If you can get proof that the car is worth more (see Carmax and others in the business) you may get more. They are saying your car is not worth repairing. If that is true you lose.
Answered on Feb 18th, 2014 at 4:29 PM
No, the law is that the party at fault has to pay for the cost of repairs or the fair market value of the car, whichever is less. You can also collect for loss of use until the car could reasonably be repaired or replaced.
Answered on Feb 14th, 2014 at 12:01 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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When the cost of repair exceeds the vehicle's fair market value, they can pay fair market value. It is what is called a "constructive total loss". If your car had newer tires, extra accessories, low miles , recent repairs, etc. you could argue that their offer is too low,given the condition of your car. Go out into the community or internet and look for similar cars and their prices, that may give you more good arguments.
Answered on Feb 14th, 2014 at 12:00 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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The most you can get paid for damage to an item of property is the value of the item. If the cost of repair is more than the car is worth, you're limited to the value of the car. But you should insist that the adjuster tell you where he found a car like yours that could be bought for $1,600. Good luck.
Answered on Feb 14th, 2014 at 12:00 PM
Edwin K. Niles
In these circumstances, the car is deemed a total loss if the value is less than the cost of repairs. If $1600 is the value that's all you get.
Answered on Feb 14th, 2014 at 12:00 PM
Thomas Edward Gates
Sorry, their exposure is just book value of the car.
Answered on Feb 14th, 2014 at 11:58 AM
James Eugene Hasser
You are entitled to the cost of repair or the value of the vehicle, whichever is less in Alabama. However, value is a matter of opinion. Everyone has one. If it just happens that you value your car at $2345, that's your opinion. You are entitled to it. NADA and other valuation books are not the law and are not even admissible in court. Good luck.
Answered on Feb 14th, 2014 at 11:58 AM
They may be saying that the total value of the cars is only $1,600. If so, that is probably all you can get without suing them in Small Claims Court.
Answered on Feb 14th, 2014 at 11:57 AM