damages pennsylvania negligence car car-insurance
How are damages calculated if replacement requires purchase of unnecessary parts?
<p>I own a sports car and was recently rear-ended by someone who has accepted full liability.  My insurance is trying to price out the repair cost of my car and assures me I will not be out of pocket anything.  However, there is one wrinkle.</p>
<p>I have a ground effects kit on my car (front air dam, side skirts, rear bumper cover) that cost around $1200 for the full set.  At the time of purchase the rear bumper cover could be purchased individually for around $600.  However, during COVID the manufacturer went out of business.  I've found someone still selling remaining inventory of these kits, but only as the full kit for $1200.  There is also a manufacturer of far lesser quality (different material, fitment issues, etc) selling a similar component for $250.</p>
<p>So the cost of the part damaged is $600, but the only way to correctly 'repair' the damage is to buy a full kit for $1200.  In this sort of situation how are damages calculated?  Am I owed the $600 replacement cost for the component, or am I owed the $1200 because that's what I'm actually out to do the repair correctly?  Or do I need to take the $250 component that insurance wants me to accept?</p>

<p>General the measure of property damages in an automobile accident lawsuit in the United States is the minimum amount of money necessary to restore the vehicle to its pre-accident state, and/or the diminution of fair market value of the vehicle due to the accident that repairs can't fully remedy in a reasonable fashion.</p>
<p>Beyond that very general statement, the cases get decided on a case by case basis after consideration of all of the relevant facts related to damages.</p>
<p>There are legitimate arguments either way regarding what is reasonably necessary to repair the vehicle to its pre-accident state in this situation.</p>
<p>Generally speaking, if there is a lawsuit, neither side will get their attorney fees in the United States, so they both have to decide how much they are willing to fight over a modest dollar amount dispute. A $950 disagreement would be eaten up in two to four hours of lawyer time, so that colors the analysis. To some extent it ends up being a game of chicken - who is most credibly going to continue to fight knowing that taking a legal battle to the full extent it could be taken would be mutually destructive.</p>
