recovering gap

[George Selby]

At 10:31 PM 8/8/02, you wrote:
>Now, where did you get the $4500 figure for the
>nav from?
>Next, my point is can I legally reclaim the
>amount of the gap from the other driver or
>insurer through legal means? The

Sorry, got saw the $4200 for the headlight repair, and that figure stuck in
my mind.  Still, however much it was, it shouldn't have broken down after 3
years, IMHO. I have aftermarket electronics 10-15 years old (amps and head
units) that work fine.

Now as to the 'gap,' you are legally entitled to recover the amount of your
loss.  You loss is the PRESENT fair market value, or basically, what it
would cost you to buy a car just like the one you lost.  However, you feel
you had a car with a bunch of new parts.  (Everyone always feels their car
is worth more than retail for some reason or another.) While this it true,
it didn't really affect the market value of the car, because the KBB Blue
Book value is based on a car in perfect working and cosmetic condition.  So
if the wreck had occurred before the stuff was repaired then you would have
gotten even less money.  Say the NAV system didn't work.  You couldn't
claim it as an option, since it wasn't functioning in your car (although if
you didn't mention it didn't work it would probably slide.) The headlight
repair is probably a better example.  If the car had been totalled before
the headlight repair was done (say on the way to the repair shop in the
daylight, you would have been paid $4200 less than Fair Market Value, to
deduct for damage already on the vehicle.)

The 'relative' guilt of the other person doesn't really matter.  If they
had done everything they could to avoid the wreck, but still hit you, and
it was their fault, then you would get the same amount of money.


George Selby
83 Audi Coupe GT
gselby4x4 at earthlink.net