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

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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
fair

Asked on March 18, 2017 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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