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legalgems, Lawyer
Category: Legal
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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I took myvan into the dealer to have it serviced and while

Customer Question

I took myvan into the dealer to have it serviced and while they worked on the fuel system a hose(fuel) was pushed up against the engine and when they took it fr a test drive it burst into flames. My insurance gave me the value of $5,200 but that isn't enough to replace my beloved van with something nice. The dealers insurance isn't offering anything as of yet. I asked them for $3,000 but have not heard back from them. Do I have a case???
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Arizona
JA: Has anything been filed or reported?
Customer: Yes I have two claim numbers and my insurance has a sent check to my agaent.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 11 months ago.
Category: Legal
Expert:  legalgems replied 11 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 11 months ago.

Did you sign an indemnification agreement with your insurance? Was the fair market value of the vehicle worth more than the insurance payout?

Customer: replied 11 months ago.
I haven't signed anything yet but my insurance sent a check for the value of my van to my agent and they will call me when it comes in. Yes it is a fair value for my van. But this not right that I have to get anew van, run around looking for one. I never would have had to do this if they didn't burn up my van.
Customer: replied 11 months ago.
The dealers insurnace says they don't owe me anuthing what about pain and suffering???
Expert:  legalgems replied 11 months ago.

I understand your frustration, but unfortunately the courts will generally limit the damages to economic damages, so they will only allow for fair market value, plus the rental car fees incurred.
In order to prevail on a pain and suffering claim, there needs to be underlying personal injury, versus solely property damages.

The courts have been very strict in this application, which is frustrating because they don't acknowledge, for example, time off work to look for a replacement.

I'm sorry I don't have a different answer but I have a moral obligation to provide information that is relevant and accurate.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.