What to do if my wife was recently in an auto accident where the other party was held 100% at fault?

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What to do if my wife was recently in an auto accident where the other party was held 100% at fault?

Based on their insurance company the amount they are willing to reimburse us for our lost car is far lower than we have be able to find. We are looking for them to replace our car, not pay us what they think it was worth based on their reports. Is there anything we can do?

Asked on July 29, 2013 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When someone damages or destroys your property, they are obligated to pay the then-current value (e.g. the "blue book value" of a car) of the property. They are not required to pay what it would cost to replace the property; this almost invariably means, especially in the case of cars, which depreciate quickly, that you will receive less than the replacement cost. Unfortunately, they are not legally required to pay more than the current value.


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