VEHICLE DAMAGES
Recovering Money For Vehicle Damages
In addition to personal injures that may be suffered by an accident victim; there is usually damage to his/her car. This is also a recoverable item when the accident is caused by the negligence of another. Sometimes the damage is repairable and sometimes the damage is so severe that the car is not repairable, or “totalled”.
Repairing Vehicle Damages After An Accident
If the damage can be repaired, the loss to the owner is determined by one of two measurements of damage. The lower of the two values must be used. The first measure is the “Fair Market Value” rule. This rule measures the difference between the fair market value immediately after the collision and the fair market value immediately after the collision. “Fair Market Value” is the amount the property will sell for where the owner is willing but not required to sell the car to a buyer willing but not required to buy the car.
The second measure of damage is the “Cost of Repair” rule. If the vehicle can be restored to its condition before the crash, compensation to the owner is measured by the reasonable cost of the repairs necessary to restore the vehicle to its prior condition. The measure under this rule is the reasonable cost to restore the car to its former condition, not what may have been the actual cost.
In a situation where the vehicle is not repairable, the proper measure of damage to the owner is the calculated by using the “Fair Market Value” rule.
Recovering For Loss Of Vehicle Use From An Accident
If it is concluded that the plaintiff could not use his automobile because of the damage done in the collision, he is also entitled to recover the amount that will reasonably compensate him for the loss of its use. One must consider the reasonable cost to rent a comparable automobile during the period of time reasonably necessary to repair the automobile or buy a replacement.
The following articles about personal injury law may also be of interest to you:
You & Your Personal Injury Claim
Answering Questions About Accident-related Injuries
At The Accident Scene, What Should I Do?
But My Insurance Adjuster Says I Don't Need A Lawyer
How Much Is My Injury Claim Worth?
Injuries To Children
Product Liability Claims
Herrick & Hart Personal Injury Attorneys, Eau Claire, Wisconsin
Please contact us for help with your legal needs or concerns.
The attorneys at Herrick & Hart provide expert advice to people who have suffered a loss or been injured. If you or someone whom you care about has been injured, please call (715-832-3491), e-mail (mike@eauclairelaw.com) to arrange a free initial consultation with the injury lawyers at Herrick & Hart, or complete the online personal injury case assessment form to have your case reviewed by the personal injury attorneys at Herrick & Hart.
The team of personal injury lawyers at Herrick & Hart represent people throughout northwest Wisconsin. They litigate against insurance companies based in Wisconsin, Illinois, Iowa, Minnesota, and across the nation, and most frequently help clients who were injured in or are residents of Eau Claire county (Eau Claire, Altoona, Augusta, Fairchild, Fall Creak, & Seymour), Chippewa county (Chippewa Falls, Cadott, Cornell, New Auburn, & Stanley), Taylor county (Medford, Gilman, & Stetsonville), Rusk county (Ladysmith, Hawkins, & Weyerhauser), Barron county (Barron, Rice Lake, & Cameron), Dunn county (Boyceville, Menomonie, Colfax, & Downing), Clark county (Abbotsford, Colby, Neilsville, & Thorp), Marathon County (Wausau, Abbotsford, Colby, Brokaw, Evergreen, Marshfield, Mosinee, Rothschild, Schofield, Spencer, Unity & Weston), Portage county (Stevens Point, Amherst, Plover, Rosholt, & Whiting), Wood county (Wisconsin Rapids, Port Edwards, Nekoosa, & Marshfield), Jackson county (Black River Falls, Taylor, Merrillan, and Alma Center), La Crosse county (La Crosse, Brice Prairie, Onalaska, Holmen, & West Salem), Monroe county (Sparta), Douglas county (Superior), Sawyer county (Hayward), Ashland county (Ashland, Odanah), Bayfield county (Bayfield, Mason, & Washburn), Juneau county (Elroy, Mauston, Necedah, Union Center), and St Croix county (Baldwin, Hudson, New Richmond, North Hudson, River Falls, Spring Valley & Wilson), Pierce county (Bay City, Ellsworth, River Falls, Spring Valley).
