gleonard9 said:
I guess I'm looking at asking the other driver for reimbursement of my $900 tires, brakes & gas line repair since it was only two weeks prior to the incident, i hardly got my value for that. Would that claim stand in small claims court?
Nope. Those are MAINTENANCE items... and were used by YOU. Your buying new ones was needed because YOU used up the old ones.
Lets play it this way.... lets say you are buying a used car.
The salesman tells you it has new tires. You confirm that the tires are new. Will you pay more for that car than FMV (Fair Market Value)??
I would say, more than likely, as the new tires have a value to them. How much more?? $100??
The salesman tells you it has a new battery. You confirm that the battery is new. Will you pay more for that car than FMV (Fair Market Value)?? Possibly. How much more?? $10??
The salesman tells you it has a new gas line. You confirm that the gas line is new. Will you pay more for that car than FMV (Fair Market Value)?? Probably not.
So, try to negotiate a higher FMV from the insurance company for the tires and the battery. If you succeed, great. If not, then you will have to decide whether to accept their offer, or to decline it. If you decline, then you can sue the driver and try to get the court to set a higher price. Of course, that is unlikely, as you will be facing an attorney in court.... provided to the driver by his insurance company.