If my 11 year old car was damaged by a car transport company due to clear negligence on it’s part and will be declared a total loss, do I have to accept what will be offered?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my 11 year old car was damaged by a car transport company due to clear negligence on it’s part and will be declared a total loss, do I have to accept what will be offered?

The car has a great deal of sentimental value to my wife, plus the amount I will get for a total loss results in my not having a vehicle to drive without having to put out a good deal of money. Do I have to accept what will be offered to me by the transport company/their insurance company (total loss value) or can this be legally challenged?

Asked on December 1, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

While you don't need to take what is offered if it's below the current fair market value or "blue book" value of the vehicle, the most you can get is the fair market value: the other party or their insurer are not obligated to pay you sentimental value (which has no "value" in the law) or for the fact that you'll have to go out of pocket to get a replacment vehicle.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption