Legal Question in Personal Injury in Pennsylvania
Auto property damage
I was hit and the defendant damaged my car, his insurance company admitted liability but they estimated that my car was ''totaled.'' Since I have no contract with them and I had no comprehensive coverage with my own insurance company, my position is that I want the defendant to pay for repairs to my car to put it in the condition it was in before he damaged it. I do not want the ''value'' his insurance company claims the car is worth. Does Pennsylvania deny that the common law principle of ''placing the plaintiff in the position he was in previous to the tort'' no longer is in effect?
2 Answers from Attorneys
Re: Auto property damage
The Pa. Code tells us how to evaluate a totaled car. The insurance carrier will tell you that they complied w/ the law. Some people choose to fight it on your theory, but usually, the cost of the fight is more than the difference between their evaluation and your evaluation.
Re: Auto property damage
Under the PA code, they ARE placing you in the position you were before. The car is totaled. Whatever your car was, there is a "bluebook" value of that car. No one is ever happy about it. People think that if they keep their 1985 Crown Vic in mint condition that it's worth more than a 1985 Crown Vic. It's not. If your car is totaled, that means it's more expensive to repair than to give you a new one. No one ever likes to hear it, but that's the way it is.
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