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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117372
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Involved in auto accident. other driver at fault. I have a

Customer Question

involved in auto accident. other driver at fault. I have a 2005 hundaiXG350 in mint condition with only 68,000 miles. planned on driving car for at least 10 more years. The at fault driver's insurance will only pay $5100. I can not get another car for that amount that comes close to mine. Why should I be penalized for this? Do you think I would be successful in small claims? thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under FL law, when there is an accident involving property damage, the law says the damaged party is entitled to recover the actual value of the property that was damaged at the time of the accident. This means that by law, all the other party has to pay you is whatever the book value of the vehicle was at the time of the accident. Now, you could negotiate within the low book value and high book value to get a little more money, but I am afraid that you cannot negotiate for or go to court for any more than that value of the the car at the time of the accident.
The only way for someone to get more than book value is in cases where there is also personal injury involved and then you can get money for the medical care and pain and suffering.
However, you cannot go to small claims to try to get more than the actual value of the car at the time of your accident.