Parked car totaled

#1 12-24-2001, 11:49 AM

my legally parked car in hawaii was totaled when it was hit by another car. Is my compensation limited to the value of my car?

JETX · #2 12-24-2001, 12:01 PM

And what other 'compensation' do you expect??
And from whom???
And why??

#3 12-24-2001, 12:18 PM

I simply asked the question because what I'm offered for the value of my totaled car is not enough to purchase a replacement car. Therefore it's going to require some out of pocket expense on my part even though I had no fault in the destruction of my car.

JETX · #4 12-24-2001, 12:31 PM

You are entitled to what it takes to make you 'whole'.

If your car was worth $1500.00 before the accident and $500 after (for salvage), then your 'damages' are $1,000.00. Then, since it is totalled, the insurance company will buy the salvage car for the additional $500, making $1500 total.

#5 12-24-2001, 01:06 PM

Thank you. I understand your explanation but it just doesn't seem right b/c one day I have a car that's running just fine and the next day through no fault of my own I need to spend hundreds or maybe thousands of dollars to once again have a car that runs. To be compensated only for the dollar value of the totalled car *DOES NOT* restore me to my prior situation. If I received the amount that I would need to purchase a replacement car then I would be restored to my prior situation.

JETX · #6 12-24-2001, 01:22 PM

Okay, lets try this one more time.....

If your car is a 1998 'Whizbang' it has a 'book value' of $XXXX.XX (determined by its condition, etc. PRIOR to the accident). If your car is damaged by someone else at no fault of your own, then you should be able to get your car repaired to the same condition (even with the same dings and scratches) as it was prior to the accident. That is called being 'made whole'.

Now, if your car is 'totaled' in the accident, you should receive compensation equal to the value of your car AT THE TIME of the accident (scratches, dings and all).

So, lets say the book value of your car (after allowing for mileage, condition, etc.) was $4,500.00. You should receive that same amount (plus sales tax) from the person who caused you damage (or his/her insurance).

Sorry, this may seem unfair, but such is life!

#7 12-24-2001, 01:56 PM

If it's not fair the law should be changed!

**** you - you sarcastic *******!!

I AM ALWAYS LIABLE · #8 12-24-2001, 02:01 PM

My response:

Nice guy, eh Steve ?

Here, you're trying to explain the law in terms that the everyday person can understand and, due to this guy's frustration, he takes it out on you.

Well, some people can really be jerks. Won't be the first, and certainly won't be the last time.

Good to read you, Steve.

IAAL

#9 12-24-2001, 02:35 PM

He (Steve) is a sarcastic son-of-a-bitch!! If he really wanted to help he would have offered his explanations w/o the sarcasm. Sounds to me like he is a ****ed up egomaniac who needs a lot of help.

I AM ALWAYS LIABLE · #10 12-24-2001, 02:44 PM

My response:

I'm sorry, but I just don't see what you're apparently seeing. Steve was accurate and matter-of-fact. Law is not sugar-coated, nor is it kind. The law is the law, and sometimes (in fact most times) it's as dry as hell. Perhaps it's your frustration and the "dryness" of the law that makes you lash out at those trying to help you.

Listen, if you're seeing something that doesn't sound right, or isn't sugar-coated enough for you, then mentally delete those portions of Steve's response, and try and understand the rest.

IAAL

JETX · #11 12-24-2001, 02:53 PM

Gee, Bob, with a childish attitude like yours, I can see how your car got totaled. Probably made a juvenile '3rd grade' face at someone in traffic and they followed you to where you parked your car. Then, decided to bang your face into it!!

In any case, I strongly suggest that you consider taking an anger management course. If you get so angry that you can't control yourself over a very simple comment that 'life is not fair', you are definitely a candidate. And do it before someone isn't able to allow for your life (and other??) inadequacies as we are and they decide to make your birth control retroactive. Or maybe you should let that happen and raise the 'sanity level' of humanity.

Oh, by the way.... Merry Christmas!!

"Non illegitimus carborundum!"

#12 12-24-2001, 04:15 PM

Okay, lets try this one more time.....

Get stuffed mother****er!!

I AM ALWAYS LIABLE · #13 12-24-2001, 04:30 PM

Quote:

Originally posted by Bob G
Okay, lets try this one more time.....

My response:

So, *that's* the phrase you're angry about ?

Man, you DO need an "anger management" course !

IAAL

JETX · #14 12-24-2001, 05:09 PM

Quote:

Originally posted by Bob G
Okay, lets try this one more time.....

Get stuffed mother****er!!

Okay, so now we know that on top of all your other problems, you are also 'calendar challenged'. Stuffing was used at Thanksgiving!!! But, I do appreciate the sentiment.

And, from your response, I do have to ask how old you are and where were you born?? It is possible after all, that as you suggest, I *COULD* be your father!!! Or, it could be one of several other men.... she really wasn't all THAT particular.

In any case, it looks like you are going to get coal and sticks to go with that old wrecked car this year!! Maybe, you can get that bicycle and GI Joe next year... but you have to be a good little boy!!!