What options do I have to get compensated for a vehicle that was totaled in a fire while in the possession of an auto repair shop that doesn’t have insurance?

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What options do I have to get compensated for a vehicle that was totaled in a fire while in the possession of an auto repair shop that doesn’t have insurance?

Can I get reimburse for the cost I put into purchase a new vehicle, the cost of the initial deposit and if I don’t get it back, the deductible I will have to pay the insurance company?

Asked on March 6, 2015 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue them for any out-of-pocket losses or costs you incur, *up to* the then-current value (or "blue book" value) of the vehicle. You can't get more than the value of the car, even you may have paid more than it was worth at the time. You also can't sue for anything which is paid by your insurer--only for amounts not paid.


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