David F. Stoddard | David F. Stoddard
No. You can only be made to pay actual damages. If the cost of repair exceeds the fair market value of the van, then you would pay the fair market value of the van (ie, it is totaled), but not the price of a new van.
Answer Applies to: South Carolina
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Damage does not have worth. If the dent is small then the body repair bill would be proper. If the damage is larger and affects the value of the van that is another matter altogether it is not likely that a small dent would total a van unless the van was worth only $100 get a lawyer if you are being abused. Insurance companies are bad for abusing folks
Answer Applies to: North Carolina
Kelaher Law Offices, P.A. | James P Kelaher
Under Florida law, if the cost of repairing the van meets or exceeds 80% of the fair market value of the van, they can demand the van be declared a total loss in which case you would be obligated to pay them the fair market value of the van, not the cost of a new van.
Answer Applies to: Florida
Gary L. Platt, Attorney at Law | Gary Platt
You don't say who "they" are, but if you have insurance, your insurance company will investigate and determine what damages, if any, to the van were actually caused by this accident (as opposed to some other cause, either before or after your accident). If you do NOT have insurance, you need to hire an attorney IMMEDIATELY to investigate this accident and argue that you are not responsible (if that is the case) for the damages the van's owner/driver are claiming. If the other driver is demanding damages which you do not owe, you can refuse to pay him/her, but if that is the case you will need to prepare to defend yourself in court. That will be very unwise without an attorney.
Answer Applies to: California
Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
No. In the case of a damage to a motor vehicle, you would be obligated to pay the difference in the fair market value of the other car immediately before as compared to immediately after the accident, up to the fair market value of the car as a whole immediately after the accident. Usually, this difference is proved with repair estimates. If you are being asked to pay more, it's time to fight in court.
Answer Applies to: Ohio
Conway Law Pllc. | B. L. Conway
You should notify your insurance company and let them handle it. But, the answer is No to your question. It sounds like a cost of repair case which is what the law allows together with other consequential damages. ie. rental while repairs are accomplished.
Answer Applies to: Virginia