Property DamageThis is compensation for damage caused to any property because of the fault of another. This includes;
If the property damage is a vehicle, under California Law, the responsible party, or their insurance company has the obligation to pay the lesser of the current fair market value (what it would cost to buy a replacement in the open market of a same model, year and mileage) of the vehicle, or the cost to repair. Sentimental value is not part of the compensation. Insurance companies use individuals called adjusters and/or appraisers to determine the cost of the repairs and/or the fair market value. A responsible party is only liable for the damage they caused. They do not have to repair pre-existing damage. This link will take you to the jury instruction which defines the right to recover property damage. To get an idea of the value of your car, motorcycle, or boat, you can go to The Kelly Blue Book Website. |














