QUESTION
Is there a case for me when my car is totaled by someone else?
Asked on Mar 03rd, 2014 on Personal Injury - Louisiana
More details to this question:
Is there anything more owed to me than just the value of my car. If a national service center mechanic chain shop, were negligent with my car and literally drove it into their building. Because they didn't know how to drive a manual vehicle and the car is completely totaled?
8 ANSWERS
Ronald A. Steinberg
You are entitled to receive the fair market value of the damage you sustained. Nothing more.
Answered on Mar 07th, 2014 at 4:36 PM
Edwin K. Niles
You are entitled to payment for loss of use for a reasonable period, say a week or two.
Answered on Mar 05th, 2014 at 4:54 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If they totaled your car, they have to pay you the reasonable replacement value of your car, plus sales tax, plus the charge for loss of use whether you have to rent a car or not, until they pay you for your car. When they pay you for your car, you must be prepared to sign over the title to them.
Answered on Mar 05th, 2014 at 4:53 PM
Thomas Edward Gates
Under normal situations, only the fair market value would be given. You should retain an attorney for a possible lawsuit.
Answered on Mar 05th, 2014 at 4:53 PM
James Eugene Hasser
They will owe you only the value of the car. If you can prove they were grossly negligent or wanton, you may be able to get punitive damages.
Answered on Mar 05th, 2014 at 4:53 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Fair market value of your car. why would you or anyone think you could get more? please share your answer with me.
Answered on Mar 05th, 2014 at 4:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are entitled to recover your loss, the actual cash value of the car.
Answered on Mar 05th, 2014 at 4:52 PM
Generally speaking, assuming fault of a 3rd party, there are 3 property damage items you might be able to recover: (1) cost of repair/value of vehicle; (2) loss of use/rental, and sometimes, (3) loss of value of vehicle if it has been wrecked. In regards to (1) if the vehicle is not considered a total loss, then you recover the reasonable cost to repair your vehicle. if the cost to repair the vehicle is more than the fair market value of the vehicle at the time of loss, then your vehicle would be considered is a total loss and you would be entitled to the fair market value of your vehicle at the time of loss.
Answered on Mar 05th, 2014 at 4:52 PM