Legal Question in Insurance Law in Florida

small claims suit.

Someone rearended my car. Their insurance company uses a ''market research'' to determine the value of my car which is very low. I want them to use NADA or Kelly Blue book for the value. If I take them to small claims court and provide pictures and other proof of condition what will the judge use to determine the value of my car?


Asked on 6/12/08, 1:14 pm

1 Answer from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: small claims suit.

Book value commonly used is not the evidentiary standard followed by the courts. You are entitled as the owner to state the value of your possessions based upon your own knowledge of the market. I suggest you document your loss with photos of your car, note the mileage and show your maintenance records. Then check with the classified adds and local dealers for the price of a comparable car. You did not intend to auction your car the day of the accident. You are entitled to the fair market value less salvage value plus towing and rental reimbirsement not the auction price.

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Answered on 6/12/08, 3:55 pm


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