How much is a business liable for if my flooded while parked in the parking lot

UPDATED: Sep 30, 2022

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How much is a business liable for if my flooded while parked in the parking lot

I car was parked in Extended Stay
Hotel parking lot when the business
Boeing next to extended stay had 7
water pipes burst and flooded the
surrounding area my car was parked in
that area and Boeing’s Ins. Wants to
total my car but with the money they
are offering my loan will be paid off and
I will be out a car with no means to
purchase another car. What can I do
about this because that doesn’t seem

Asked on March 18, 2017 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The most you could get, even if you were to sue and win, is the then-current fair market value (e.g. "Blue book" value) of the car: what it was worth at the moment it was destroyed, given age, make, model, condition, miles, etc. That's all the law would give you: what it was worth then. Therefore, if you are getting approximately that amount, they are offering you all you would be entitled to, even if you were to reject their offer and sue: the law does not compensate you beyond the actual value of the thing destroyed, unfortunately, even if that does not leave you able to effectively replace it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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