If my car is destroyed in a parking garage collapse, can I sue the owner of the garage for replacement of my car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my car is destroyed in a parking garage collapse, can I sue the owner of the garage for replacement of my car?
I am told that I must settle with my auto insurance company and am only entitled to the fair market value of the car.
Asked on December 15, 2015 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) You are only entitled to the then-current fair market value of the car: i.e. if a car was worth $8,000 at the time, the loss you suffered was a loss of $8,000, so that's the compensation to which you are entitled. It does not matter if it would cost more to replace the car now: all you can get for the destruction of your property is what the property was worth when it was destroyed.
2) If the insurer doesn't pay you the FMV--or if they do, but you want to also recover your deductible--you could sue the garage owner IF they were at fault in some way (e.g. shoddy maintenance or repairs). They are not liable if the collapse was beyond their control (e.g. hurricane; tractor-trailer rammed into it; etc.).
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.