xjbubba
NAXJA Member # 1524
- Location
- santa barbara, ca
Mastodon, you need to take the initiative here. You're crying the blues in this thread, but have shown no effort to determine the value of your now totaled Jeep. It doesn't matter what I, or others here, say with regard to what the value was prior to the accident. The concept is simple, and you're in a better position to recover in these circumstances than you would if hit by an uninsured driver. But, you must take the initiative and build a record of what your Jeep was worth, on a retail basis, prior to the accident. Data copied from the Kelly Blue Book web site, or other reputable sources, including photographs of the interior, tires, etc, to show the condition as it existed, need to be made. See if your Mom's insurance company would send an adjuster out to help with an appraisal. Document the mechanical problems the Jeep was known to have, and any estimates to repair. You were in the process of transporting the Jeep to a mechanic; what discussions have you had with them, regarding the problem? The point is, can you honestly say the Jeep was in otherwise "good" condition prior to the accident? Do you know, with reasonable certainty, that a complete re-build was not required? As an example, a bad fuel pump would render the Jeep useless, but would not reduce the value from "good" to "poor"; you have to document your assertion of whatever value you placed on it. Even though "they" are 100% at fault for your loss, it's not reasonable for you to expect them to just accept your statement that it was in "excellent" condition before.
Lastly, does the asserted value of your Jeep fall within the limits of your local small claims court? No lawyers required, but you would need written documentation and good photos of before and after to prevail. Tell us what documentation you've put together to support what value. See if you can convince us your loss is $3800. If you can convince us, you should be able to convince a small claims judge as well. And remember, small claims' courts are predispositioned in favor of the "little" guy (you).
Guess I type too slow. Sorry to see you cave.
Lastly, does the asserted value of your Jeep fall within the limits of your local small claims court? No lawyers required, but you would need written documentation and good photos of before and after to prevail. Tell us what documentation you've put together to support what value. See if you can convince us your loss is $3800. If you can convince us, you should be able to convince a small claims judge as well. And remember, small claims' courts are predispositioned in favor of the "little" guy (you).
Guess I type too slow. Sorry to see you cave.
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