Q: We were hit by uninsured driver, car totaled and I’m under about $3k. 100% his fault. What are my odds in small claims?

A: You should contact your own insurance company and they can subrogate the claim. Otherwise, you could sue for damages. Without knowing more about the case no one here could tell you your odds of success. Sometimes trying to collect a judgment, should you get one, is more difficult than actually getting the judgment.

A: If I understand you - your car is worth Kelly "blue book" around 22,000. You owe 25-26,000. You are wondering what can you recover from the Defendant. There are other tools to look at for value- and you may want to look at a market that is larger than where you are to see if it changes for you. For instance if you are in Manchester- you might want to include the Nashville area on determing your value.

Assuming he has insurance, the insurer will have its methods of determining value that it will want to stick with. You can try to negotiate saying for instance you found three cars near by that cost more and submit the paperwork for it. But it is hard to move them much off the insurers value. If you feel you have a good basis for differing you may want to sue. Your opinion as an owner is admissible so long as you follow the language below. The insurer would need to bring an expert. You would want to use retail (the higher numbers) because you would to buy at retail. The insurer should not be using wholesale or non-dealer numbers.

The measure of damages for damage to property is generally - what would a willing buyer pay and a willing seller accept - neither being under any compulsion to buy or sell. So if the value is really 22,000 then this is your measure of damages. The fact the car depreciated below what you owe- is not something that the law contemplates.

Your insurer would operate under the same principals above. It would pay the Fair Market Value (described above) less your deductible. If they recover from the other side they will reimburse you for your deductible.