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?
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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 9 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.
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