Total Loss?

[puzzledinpa]

What is the name of your state? Pennsylvania

I was involved in an accident on 9/13/03. I came around a bend and the other car was sideways and smashed into the driver's side of my van. He hit me hard enough to bounce me off the curb on the passenger side. It was raining and he was driving a Mustang. It turned out that the kid driving was driving his father's car, and the son had been excluded from the parents insurance. So, their insurance denied the claim and we had to take them to small claims court. We had 2 estimates and both ruled it a "Total Loss". The district justice ruled in our favor, but would not award us the cash value of our van. He said that "Total Loss" does not mean the vehicle is totaled, but it means that the amount of the estimate is the total amount of loss we incurred at the time of the accident. Is he correct? Should we appeal?

 

[JETX]

"but would not award us the cash value of our van."
***
What is the 'cash value' and how did you determine it??
What is the 'fair market value' for the vehicle and how did you determine it??

The insurance company is only obligated to pay you the 'fair market value' of the vehicle (the value of the vehicle immediately prior to the accident).

 

[lwpat]

What are you doing going to small claims court without consulting an attorney? It is not necessary to retain an attorney to appear in small claims court but if you do not know what you are doing you do need to consult with one to assist in preparation of your case.

You presented the judge with evidence on the damage to your van and that is what he awarded. If that was not what you wanted then why did you present that dollar value as evidence?
Judges can only rule on the evidence presented.

A vehicle is considered a total loss when the cost to repair is more than the vehicle is worth. What is your beef?

 

[puzzledinpa]

My beef is that the fair market value of our van is more than the estimate of damages by about 20%. AND if we repair the van, because the insurance company labeled it totaled, we have to get an R title for the van.

We determined the fair market value by taking the insurance company's estimate and adding 20% because they said they total vehicles at 80% of their value.

Besides, we are not involved with the insurance company, we are dealing the the people at fault since their insurance was not valid at the time of the accident.

We did present the judge with evidence other than the damages estimate, so did the defense. Plus, we rented a vehicle for 3 months, and he awarded us the fees for only 2 months.

We have gotten the short end of the stick for something that was not our fault.

 

[JETX]

"My beef is that the fair market value of our van is more than the estimate of damages by about 20%."
"We determined the fair market value by taking the insurance company's estimate and adding 20% because they said they total vehicles at 80% of their value."
*** Isn't that an interesting example of 'circle logic'??
Clearly, that is NOT how you determine 'fair market value'. You need to use a RECOGNIZED pricing guide like:
www.nada.com
www.edmunds.com
www.kbb.com
and get a fair value.

"AND if we repair the van, because the insurance company labeled it totaled, we have to get an R title for the van."
*** Okay??

"Besides, we are not involved with the insurance company, we are dealing the the people at fault since their insurance was not valid at the time of the accident."
*** Then you should have let YOUR insurance company handle it under your 'uninsured' coverage.

We have gotten the short end of the stick for something that was not our fault."
*** It sounds to me like you made the decision to go to court WITHOUT legal counsel and had a fool for a client.

In any case, you have presented your evidence in court and gotten a ruling. Your options at this point are to accept it or, if warranted, file an appeal.