What should I do if my vehicle was damaged by an auto transporter?
Question Details: Paid for vehicle to be transported to the east coast. Vehicle was damaged. I'm sure the transporter's insurance will pay to fix it but this will show on a Carfax report. I expect the value of the vehicle to be adversely affected if I should sell. How do I ensure I'm fairly compensated?
If you are paid for the repair costs, you have been fairly compensated in the law's eyes: when someone damages your property, they have to pay the repair costs (or if it is destroyed--"totalled"--the then-current fair market value). But they are not obligated to make sure that it has the same resale value it might have had if not damaged. The law does not take cognizance of what you *might* one day get for it, since that is so speculative. (Will you sell it? When? What will the market for cars like it be like then? What shape will it be in other than this damage? Etc.) The party which damaged your car only needs to take care of the actual, known current costs or consequences, not what you *might* theoretically lose in the future.