What/who determines the damage amount resulting from an car accident if there is no official repair quote brought to court?
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What/who determines the damage amount resulting from an car accident if there is no official repair quote brought to court?
The police report from my accident states both cars totaled $500 damage each but I got to court and the judge said he thinks the damage was north of $1,000. This was made with no official repair quote presented and with no pictures presented. Is this legal?
Asked on May 18, 2015 under Accident Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It is perfectly legal: the judge (when there is no jury) is *always* the one who makes this determination. Sometimes he has more information (like repair quotes or pictures) and sometimes less, but he/she still has to make the decision. If you believe the judge was badly wrong, you could appeal--but most appeals fail, and can be costly, so they are often no cost-effective.
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