We just carried liability on our truck that was in an accident, the other driver's insurance company has denied liability.

Business 2 views 5 answers
If we sue in small claims court and the truck is declared a total loss do they have to pay actual replacement value or just Blue Book. As the truck is 20 years old (a classic in good shape) Blue Book is like $1700 but actual replacement is about $6000.00. As the police report states the other driver made an improper turn, we feel we will win. Don't they have a duty to leave us in the shape we were in before the accident?

Attorney Answers

5
Brian Yorke ·
The responsible party must pay the reasonable value of the property at the time of the loss. Sue in small claims court and be prepared to establish the value of your lost property. If the car is a classic you can utilize comparable values. All added equipment, stereo systems, tires and wheels can be considered. Dou you homework and you will come out on top.
0 upvotes
John Deprospo ·
If your truck is beyond repair, it will be deemed a total loss. You will have to prove that it was more than a 20 year old truck. If it is truly a classic, have good documentation of such.
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Anthony Ferguson ·
Attorney Lassen is correct. The measure of damage is the lesser of the cost of repair or the difference in the fair market value of the vehicle before and after the accident. Replacement cost is evidence of fair market value assuming that the vehicles are comparable. The owner of the vehicle can under Maine law give an opinion regarding its value. If the vehicle is totaled, you are also entitled to sales tax. I wish you the best.
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Robert Guillory ·
i agree with Attorney Ferguson 100%, You might see if you can get someone with some expertise on the value of vehicles who was familiar with your vehicle before the accident to testify as to its value. Also see if you have photos of the vehicle before and after the accident. Go ahead and file suit and you will probably get a settlement offer from the insurance company.
0 upvotes

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