Legal Question in Insurance Law in California

Handicapped van

My neighbor ran into my van, which is used for my handicapped daughter. The van is a total loss. Does his insurance company have to provide another van that is adequate for her transportation, or must I accept their settlement that will not allow be enough money to replace the van?


Asked on 3/13/01, 5:32 pm

2 Answers from Attorneys

Jeffrey Zinder Zinder & Koch

Re: Handicapped van

They have to pay the reasonable replacement value of your van as equipped. There is no question. The only problem maybe that the reasonable value of a used specially equipped van may not be the same as the cost to replace if you can not find a used van to purchase and used equipment to install. Remember to calculate all labor costs, taxes and license fees.

Read more
Answered on 5/22/01, 8:37 pm
Stephen Gibbs Law Office of Stephen Gibbs

Re: Handicapped van

The previous answer posted is correct, in that your neighbor's insurance company must pay for the fair market value of your vehicle, you will probably not have to buy another used van and re-equip it.

I've been driving a wheelchair equipped van for over 20 years subsequent to a spinal cord injury. There are now numerous used, fully equipped vehicles for sale. First, I'd contact a local van conversion dealer/shop to get an estimate on what the van was worth. The problem is, however, in determining the �value� because the prices vary wildly since there is such a small market for used converted vans.

This is because 95% of vans are bought new by the VA, Worker's Comp insurance companies and the California Dept of Rehabilitation. they simply won't buy used vans. Therefore, you'd be amazed at how cheap you can get them for.

You can call conversion dealers to see if they know of anyone trying to sell their used van. You might have to travel 50-200 miles depending on where you live, but there are probably 10 major dealers in the state. People often post "for sale" notices at those shops. If you live close to a hospital that has a large spinal cord injury unit, I've often seen them advertised there by private parties.

Get copies of "Accent on Living" and "New Mobility" magazines since both have classified advertisements selling used vans. Also, some of the large mini-van conversion companies have used vans for sale, which advertise in those magazines.

Lastly, there's a newspaper which comes out once per month which advertises ALL kinds of new, but mostly used, equipment, vehicles and homes for wheelchair users and people with other disabilities. Its' name escapes me this moment.

You can call me at 408-295-8282 and I'll try to help you.

Read more
Answered on 5/22/01, 9:06 pm


Related Questions & Answers

More Insurance Law questions and answers in California