I have a classic red 1967 Ford Mustang convertible car. It was my pride and joy for many years. Unfortunately it was damaged in a fender bender. I could not afford the special insurance rider for this car. So I do not have collision coverage. I also know that some of the damaged car parts cannot be replaced with original parts. I will have to purchase reproduction parts. This will substantially lower the value of my car. What claims can I make against the driver that struck my car?
You should sue the other driver for the property damage claim to the Mustang. You have claims for towing to the repair shop and loss of use of your vehicle while it is being repaired. The property damage claim is a little more complicated.
The normal rule is to evaluate the property damage claim in two parts. First, the Judge (or jury) trying the case must find what is the reasonable cost of repairs. Second, the Judge must find the difference between the market value of the car immediately before the accident and the market value of the car immediately after the accident. The claim for property damage is the smaller of these two numbers. Johnson v Scholz, 276 App Div 163, 938 NYS2d 334 (2d Dept 1949).
In your case, the smaller number will be the cost of repairs. This does not seem fair since the car has appreciated in value since you purchased it.
Modified Property Damage Rule
If the car increased in value since its purchase and repairs will not fully restore the property to its market value before it was damaged, the Judge should only consider the extent of the diminution in value of the property. Franklin Corp. v Prahler, 91 AD3d 49, 932 NYS2d 610 (4th Dept 2011). In such a case, the rule is changed. The plaintiff’s damages are the difference between the property’s market value immediately before and immediately after the accident.
The key to this case would be to call an expert in classic cars. The expert would have to explain why it is impossible to fully restore a 1967 Ford Mustang Convertible with original parts. The repair costs are small compared to the loss in value of the car. The expert would have to explain that with reproduction parts, the value of the car would substantially decline. Finally, the expert would need to testify about the value of the car immediately before the accident and immediately after the accident.
By James Santner, Esq.
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