Value of automobile

[g-ann]

What is the name of your state (only U.S. law)? Florida

Can a judge in small claims court award the plaintiff a monetary judgment well over the value of a car damaged in an accident?

 

[FlyingRon]

If there were other damages, sure, but with the small claims limit unless the car is pretty much a junker, "well over the value" isn't going to happen.

 

[Zigner]

What is the name of your state (only U.S. law)? Florida

Can a judge in small claims court award the plaintiff a monetary judgment well over the value of a car damaged in an accident?

The judge is allowed to determine the value of the vehicle based on evidence presented.

 

[g-ann]

The plaintiff presented a computer generated "value" that by the judges own admission in court was not a true reflection of the car...it was listed as a "Limited Edition" instead of a "Custom" with all the "bells and whistles". The judge said our Kelly Blue Book and Edmonds values were for a "shell of a car". The plaintiff valued the car at appx. $4900.00 and we valued it at average $1200.00. (It is 17 years old, a 1994 Buick LaSabre with over 100,000 miles on it.) The judge also stated that due to the difference in our values he did his own inquiry online and came up with a total judgment for $3500.00. Is it proper for the judge to conduct his own inquiry? I do not believe he would have been paid this much for the car being totaled by the insurance company.

 

[Zigner]

The plaintiff presented a computer generated "value" that by the judges own admission in court was not a true reflection of the car...it was listed as a "Limited Edition" instead of a "Custom" with all the "bells and whistles". The judge said our Kelly Blue Book and Edmonds values were for a "shell of a car". The plaintiff valued the car at appx. $4900.00 and we valued it at average $1200.00. (It is 17 years old, a 1994 Buick LaSabre with over 100,000 miles on it.) The judge also stated that due to the difference in our values he did his own inquiry online and came up with a total judgment for $3500.00. Is it proper for the judge to conduct his own inquiry? I do not believe he would have been paid this much for the car being totaled by the insurance company.

Sounds reasonable to me. The judge needed to assign a value to the vehicle.

 

[OHRoadwarrior]

On a quick check, I came up with $2100. I assume there were likely other things in the judgment.

 

[startedone]

What is the name of your state (only U.S. law)? Florida

Can a judge in small claims court award the plaintiff a monetary judgment well over the value of a car damaged in an accident?

Can a judge do this? Sure, if he is only presented evidence of one value...why did you hit a vehicle, total it, and then get a judgment against you for a value you believe is too high?

 

[latigo]

. Is it proper for the judge to conduct his own inquiry?

No! It would not be proper. But here’s the deal.

Since it is a decision out of small claims court the issue is made moot when the aggrieved party files a timely appeal and has the case heard fresh by a higher court. Called a trial de novo. In that instance the second court pays not attention to the evidence presented before the small claims judge and could care less how he came up with his finding as to the vehicle’s value.

On the other hand, if such a decision were handed down by a judge in a higher court (higher than small claims) then on an appeal it wouldn’t be so much a question of where the judge or jury came up with the value of the vehicle. It would be a question of whether or not there is any competent evidence in the trial record to support the finding.

In other words, an appeal from a court above small claims does not involve retrying the same case before a higher court. The appellate court or court of review looks at the trial record in the lower court.

And in this example, if the reviewing court found that there was no competent evidence submitted in the lower court to justify the finding of value, it could reverse the lower court's decision.

Clear as mud, right?