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Accident and Repairs

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#83
gearchruncher said:
Sorry. I've been through this in the USA with a lawyer. The USA does not recognize loss of use on a pleasure craft. An at-fault-party doesn't need to compensate you for loss of use on a vehicle that is not operated for financial purposes.

Thus, the only thing an at-fault party is liable for is making sure you can still get to and from work in your vehicle as that was the financial use of the vehicle. This does not require a specific vehicle.

The Conqueror, 166 U.S. 110 (1897) involved a yacht purchased in England and brought into the United States by a United States citizen for private pleasure use. The yacht was seized by the United States Treasury Department on the ground it was subject to taxation. The yacht owner sued to regain possession of his vessel, and for damages. The district court ordered the return of the vessel to its owner and awarded the owner $15,000 in loss of use damages. The court of appeals affirmed. The United States Supreme Court affirmed the judgment ordering the return of the vessel to its owner, but reversed the award of loss of use damages. It held there must be a pecuniary loss to the owner of a private pleasure vessel or a reasonable certainty of a pecuniary loss to justify an award of loss of use damages. The court noted: 1) the vessel was purchased for the owner’s personal pleasure; and 2) there was “not an atom of testimony” tending to show it was purchased for hire or other commercial purposes.
​
So basically, you are "made whole" if you get your property back in as-before condition, and if you suffered no other financial loss. As long as you could still get to and from work, you're compensated.

Seriously- I almost sued over this. I had a race car on a trailer once and was rear-ended on the way to the track. The race car was damaged. I didn't get to race it for months in the short summer season. Under US law, I wasn't owed anything as I raced only for fun, not for financial gain, and thus as long as they got me the car back then I was "whole." They didn't even have to reimburse me for the track fee I had pre-paid and didn't get to use that day. There was no way to recover the loss of use for those months, and if there was a way to rent a race car, they wouldn't have covered that. Only my direct losses were covered.

Maybe I had an atrocious lawyer, but looking at the case law he referenced it was pretty clear to me his analysis was reasonable.
Click to expand...

So according to this, as long as eventually the car is repaired (2 years from now is ok? I don't see any time limit), that is the most that the law provides in terms of compensation? Also, if you drove the car to work, is that operating vehicle for financial purposes? If my employer stopped paying me because I could not get to work for what is costed me in electricity to get there before (my car is still depreciating while in the shop so you can't use that) while my car was getting fixed , would that count as an actual loss of use? Lost salary + health benefits in almost any job would be way more than Model X rental.
 
#84
Wow! So glad the car protected you as it should! Makes me feel better about having my precious cargo in mine!!

I hope the lady's insurance pays or that yours pays and then goes after hers later. My MIL was rear ended by a lady distracted with her toddler years ago while driving our car. The KIA was eventually totaled, but not before OUR insurance company tried to lowball us. They tried to tell me that the car was worth more than the sticker price so they wouldn't have to total it. *MY* insurance company! Let me tell you, it took very little time to replace Hanover insurance with a different one - for both our auto and home. This still makes me angry even though it has been close to ten years ago!! From what I have heard of State Farm, you won't have this problem, but I thought you should be aware that it is something one insurance company has done in the past.
 
#87
zackmilo said:
The car left this fluid. Not washer fluid it is brown like oil. What is this? Could it be battery acid. Friend researched at told me it could be battery acid. File too large. Trying everything even I just upgraded my account.
Click to expand...
The only battery acid is in the regular automotive grade 12V battery. No acid in main battery, but there is coolant. This could also be brake fluid, or oil from the front motor or inverter.
 
#94
IMG_5401.JPG
Worked! Here they are! It was about 5 drops of this where the front was
 
#97
How's your neck and head today? A couple of years ago I was rear ended, first couple of days a little stif. At day three total pain, could not get out of bed. Now - more than seven years later - totally disabled for work. Be careful and watch for symptoms!
 
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