Quote:
Originally Posted by shadrach74
^^^^This
I covered it in the other thread and Jay has it here. There is no legal president for an individual to accept an arbitrary general calculation in a liability situation. "Special" policies that pay replacement cost are for "collision" claims. This is liability. and that means the innocent party is made whole... as in as good as he was was before...not "close enough"... not my arbitrary NADA calculation says this so here you go... not any of that. Jake should get the replacement value of the car plus any expenses he incurred as a result of the accident.
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I can understand this. I've never had a car totaled and was backed into one time.
So who decides if it gets fixed for $6k (hypothetically) or replaced for $12k? Not sure you can insist it be totaled?
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