Restitution hearing awarded me $14,000, $4200 was for vehicle. Her insurance says III get $2,200 w/ no title (junkyard)

Question

I was hit from behind, car was destroyed, almost died. No one at the scene ever told me that there was a person charged. Found out 9 months later that they had found the person (that night). My life already went on, and it took 3 years to get a judge to award me compensation. The judge went off Blue Book and I got a ridiculous $4,200 for my car's value. The car was completely destroyed, junkyard would charge me more had I not signed over the title. Her insurance says they'll give me $2,200 because of no title. That seems wrong, am I entitled to full $4200?

James L. Arrasmith · Answer

In California, the value of your car in a restitution order should typically be determined based on its fair market value at the time of the loss, not necessarily the Blue Book value. If your car was indeed worth $4,200 at the time of the accident, you may be entitled to that amount, and the lack of a title should not necessarily reduce the compensation if the car was totaled. It's advisable to consult with your attorney or the restitution order issuer to clarify and potentially challenge the insurance company's decision if you believe it is incorrect.

Tim Akpinar · Answer

That's a sizable penalty to base on absence of a title. Title should not ordinarily affect value - unless they are suspecting diminished value due to a salvage title. Pose this to your attorney if you are being represented and explore how long it would take and how much it would cost for department of motor vehicles to produce a duplicate title on an expedited basis.  Good luck

Q: Restitution hearing awarded me $14,000, $4200 was for vehicle. Her insurance says III get $2,200 w/ no title (junkyard)