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P. Simmons
P. Simmons, Attorney
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Experience:  12+ yrs. of legal experience.
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In Florida Small Claims court, where a defendant is sued for

Resolved Question:

In Florida Small Claims court, where a defendant is sued for damages in a non-injury auto accident where no citations were issued, is the liability of the repair costs limited to only the "totaled" value of the Plaintiff's vehicle, or is the full repair value applied, and what is the insurance company's liability limits (totalled or repair costs)?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  P. Simmons replied 1 year ago.
The defendant would be liable for "foreseeable damages" by the plaintiff. This has always been the law in FL.

Now...foreseeable damages are damages reasonably foreseeable by the defendant

So, for an automobile accident, the cost to return the vehicle to its pre accident condition, or the value of the vehicle, whichever is lower, would be damages.

So, say that the vehicle was worth $5100 (prior to the wreck, this was the value)

And say the repair bill to fix is $7899.

In this case the plaintiff would sue for the cost of the value of the car prior to the wreck

The insurance company is liable for the damages the plaintiff can prove.



P. Simmons, Attorney
Category: Traffic Law
Satisfied Customers: 26152
Experience: 12+ yrs. of legal experience.
P. Simmons and 4 other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

The damages are $3,200, and the Plaintiff has bought an older vehicle he then put a lot of "value" in it, with rebuilt transmission, new engine parts, etc. Is any of this investment considered, or is the value the Court would go by limited to solely some published book value, which in this case would be about half of the $3,200? Also, isn't the cost to sue recoverable (fees)?


One last point, the suit came about because reckless driving was alleged from road rage, not a simple accident.

Expert:  P. Simmons replied 1 year ago.
Actually, the plaintiff can sue for actual value. If, for example, the plaintiff can prove the value (say, for example, he put a new custom paint job that cost $5k? He could sue for that amount)

If the plaintiff can not prove value, then blue book is used

But if plaintiff can prove value? Then they can sue for that amount...that is covered under foreseeable damages

P. Simmons, Attorney
Category: Traffic Law
Satisfied Customers: 26152
Experience: 12+ yrs. of legal experience.
P. Simmons and 4 other Traffic Law Specialists are ready to help you

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