Asked in Car Accidents for California

Q: Can I seek further compensation for damages since I will not be able to replace my car for the amount that it covers?

Someone smashed into my car while it was parked in my own driveway. The person who hit it had a preexisting medical condition and knew that his medication was not working and drove anyway. The condition caused him to plow through my car and two of the neighbors yard, ending in three parked cars in their driveway. My car is a total loss. I’ve only had the car for a little over a year and the last payment on the car was last month. I paid around 7,500 for the car and the insurance will only cover the car for less then 4,000. I can’t any comparable car for anything less then around $6000-7000. The mileage was under 75k and it was a 2013. Is there any way to seek further compensation to cover the rest of the amount it’s going to cost me to replace the car. I mean I understand I drove it for a little over a year but it had less then 50k when I bought it. Given the fact that I wasn’t even in the car and it was parked in my own driveway and the fact that he knew he shouldn’t be driving?

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2 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: You can recover the fair market value of the car. How much you paid is irrelevant.

If you disagree with the valuation of your car, you can make a counter offer, supported by pdf copies of offers for sale of similar make, model, year, trim level, miles. You can research kbb.com, edmunds.com, autotrader.com, craigslist.com, etc., or you can hire a certified auto appraiser. If you cannot reach agreement on the fair market value of your car, you can sue the insurer (if it's your insurer), or you can sue the other party in Small Claims court. You will have the burden of proving the true value of your car.

You are also entitled to a reasonable amount for loss of use, which is usually calculated by the daily rate for a rental car of similar nature during the period that your car was disabled, until you have received a fair offer to compensate you for the loss of your car. You have a duty to mitigate these damages. They do not go on forever. You will need to present either a receipt or some form of proof of the daily rental value of a similar car to yours.

Tim Akpinar agrees with this answer

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Unfortunately as Mr. Light has explained you get the value of the vehicle, not the replacement cost. Now, if the driver is charged with a criminal offense, you can ask for restitution for the additional amounts of the loss---you may not get them, but it's worth asking.

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