Legal Question in Real Estate Law in Kentucky

insurance company

Was involved in a car accident where the other driver was at fault. The accident totaled my car. They offered well below what my car is worth. There is no way I could replace my car for what they are offering. Can I sue them to get my car replaced?


Asked on 10/04/08, 9:04 am

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: insurance company

Perhaps, depending upon the facts of your case.

In Kentucky, your damages are measured by the fair market value of your vehicle immediately before the accident, minus it's value immediately after the accident.

Thus, if your car had a "Blue Book" value of $10,000, and a salvage value of $500, your damages would be $9,500.

But remember that Kentucky also has a comparative negligence law. This means that a jury could determine that the other driver was 90% at fault, and, for some reason, you were 10% at fault. In the above example, your damages would then be reduced by $950; leaving you with a claim for $8,550.

In any event, "replacement value" is not the proper measure of your claim for damages.

You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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Answered on 10/04/08, 3:41 pm


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