- Jurisdiction
- California
I'm trying to ascertain how much I can ask for (was hit by another driver), so I combed older posts on here and came something about "third party damage", which I've copied & pasted below. But I don't understand what "third party damage" is as it relates to a car accident.
What I've learned so far is (I think) if I want to keep my car and have it repaired (I do), then I'm entitled to: the cost of repairs - the salvage value.
What I'm unsure about is if I can tack on the cost of a rental car *in addition to* the maximum amount for the car repairs. Is the rental car cost considered "third party damage"?
For example, let's say 1) the car is worth $6000, 2) the repair estimate is $7000, and 3) the salvage value is $500.
I assume then that the max I could collect (and keep the car) would be: $6000 - $500 = $5500.
But then the cost of a rental car while mine is in the shoppe is about $800. So can I then ask the court to award me $6300 total ($5500 + $800 = 6300)? I'm not sure if that conflicts with what's copied & pasted below, about "recovery for third party damage is limited to..."
Am I the first party since I was hit, the driver who hit me is the second party, and anyone else whom I pay in the course of having my vehicle repaired is the third party?
I've posted here before a while back but can't find that post anymore, so I'm asking this one question because I want to make absolutely certain that what I ask the Court for is consistent with all applicable laws. Going to court makes me nervous and one time I came across a particularly hard-nosed (mean) judge so I loathe going to court but it seems like it's the only way to get compensated. I just don't want to give the judge any reason to be angry or infer that I'm being audacious if I inadvertently ask for too much.
"Recovery for third-party property damages is limited to the difference between the FMV of the vehicle before the loss and its value after the loss. Ray v. Farmers Ins. Exch., 200 Cal. App.3d 1411 (Cal. App. Dist. 3, 1988); Moran v. California Dep't of Motor Vehicles, 139 Cal. App.4th 688 (Cal. App. Dist. 4, 2006). The California Jury Instruction (CACI-3903J, 2017), reads in part as follows: However, if you find that the [e.g., automobile] can be repaired, but after repairs it will be worth less than it was before the harm, the damages are (1) the difference between its value before the harm and its lesser value after the repairs have been made plus (2) the reasonable cost of making the repairs. The total amount awarded may not exceed the [e.g., automobile] value before the harm occurred."
What I've learned so far is (I think) if I want to keep my car and have it repaired (I do), then I'm entitled to: the cost of repairs - the salvage value.
What I'm unsure about is if I can tack on the cost of a rental car *in addition to* the maximum amount for the car repairs. Is the rental car cost considered "third party damage"?
For example, let's say 1) the car is worth $6000, 2) the repair estimate is $7000, and 3) the salvage value is $500.
I assume then that the max I could collect (and keep the car) would be: $6000 - $500 = $5500.
But then the cost of a rental car while mine is in the shoppe is about $800. So can I then ask the court to award me $6300 total ($5500 + $800 = 6300)? I'm not sure if that conflicts with what's copied & pasted below, about "recovery for third party damage is limited to..."
Am I the first party since I was hit, the driver who hit me is the second party, and anyone else whom I pay in the course of having my vehicle repaired is the third party?
I've posted here before a while back but can't find that post anymore, so I'm asking this one question because I want to make absolutely certain that what I ask the Court for is consistent with all applicable laws. Going to court makes me nervous and one time I came across a particularly hard-nosed (mean) judge so I loathe going to court but it seems like it's the only way to get compensated. I just don't want to give the judge any reason to be angry or infer that I'm being audacious if I inadvertently ask for too much.
"Recovery for third-party property damages is limited to the difference between the FMV of the vehicle before the loss and its value after the loss. Ray v. Farmers Ins. Exch., 200 Cal. App.3d 1411 (Cal. App. Dist. 3, 1988); Moran v. California Dep't of Motor Vehicles, 139 Cal. App.4th 688 (Cal. App. Dist. 4, 2006). The California Jury Instruction (CACI-3903J, 2017), reads in part as follows: However, if you find that the [e.g., automobile] can be repaired, but after repairs it will be worth less than it was before the harm, the damages are (1) the difference between its value before the harm and its lesser value after the repairs have been made plus (2) the reasonable cost of making the repairs. The total amount awarded may not exceed the [e.g., automobile] value before the harm occurred."