<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by mmsld:
I need to know if anyone knows the law regarding total loss in Orange County California. I was rear-ended and the other party's insurance company is paying fair market value (5300.00) for my car. The loan amount remaining is 7700. I need to know if I can sue the at-fault driver to pay the remaining 2400.00 which his insurance did not cover?<HR></BLOCKQUOTE>
My response:
Proof of the property's value just prior to the accident, or of the difference in value before and after the accident, can be shown by opinion of persons familiar with the value of that item--i.e., expert witnesses, such as car salesmen in the case of vehicle damage
If the property is completely destroyed or beyond repair, damages are usually based on the fair market value at time of destruction (i.e., just prior to the accident). [BAJI 14.21; Pelletier v. Eisenberg (1986) 177 Cal.App.3d 558, 223 Cal.Rptr. 84, 89; Tatone v. Chin Bing (1936) 12 Cal.App.2d 543, 55 P.2d 933]
A defendant is not liable for a "bad car deal" concerning the amount an owner actually paid for the vehicle. Fair market value is the only measure the courts and laws recognize. The insurance company makes payment on behalf of the insured, as if the insured defendant was actually reaching into his/her own pocket to pay you. Therefore, once accepted, you can no longer claim the difference between what you still owe for the vehicle versus the amount actually paid to you for the vehicle.
But, be sure to ask for, and obtain, your damages based upon loss of use of your vehicle. While the value of the vehicle can be determined and paid, you are also entitled to payment from the date of destruction to the date of your acceptance of money for the value of that vehicle. The daily rate is based upon what a comparable vehicle would rent for in your community. Recovery of loss of use could add hundreds to your final property damage claim.
IAAL
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