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the Law Office of KENNETH A VERCAMMEN for Legal Representation
Kenneth Vercammen & Associates Law Office helps people who
suffer personal injures due to the negligence of others. We provide
representation throughout New Jersey. The insurance companies will
not help. Our Law Office can provide experienced attorney representation
if you are injured in an accident and suffer a back, neck or other
injury. If the damages are property damage to a car only and under
$15,000, you can file your own suit in the Special Civil Part Court.
The following law deals with damages to cars and other property:
The Judge will read the following to the jury if there is a jury
trial:
If you ultimately find the plaintiff's (personalty involved) was
damaged as a result of the defendant's negligence, plaintiff would
be entitled to your verdict. Plaintiff would be entitled to money
damages from the defendant for the loss suffered. The measure of
damages for such loss is the difference between the market value
of the (personalty involved) before and the market value after the
damage occurred. If the (personalty involved) has no market value
in its damaged condition, the measure of damages is the difference
between the market value of the (personalty involved) before the
damage occurred and its salvage value in its damaged condition.
If the (personalty involved) is not substantially damaged and it
can be repaired at a cost less than the difference between its market
value before and its market value after the damage occurred the
plaintiff's damages would be limited to the cost of the repairs.
Cases: Jones v. Lahn, 1 N.J. 358, 362 (1949); Douches v. Royal,
1 N.J. Super. 45, 47 (App. Div. 1948); Associated Metals & Minerals
Corp. v. Dixon Chemical &
Research, Inc., 69 N.J. Super. 305, 314 (Ch. Div. 1961); Hintz
v. Roberts, 98 N.J.L. 768, 770 (E. & A. 1923).
Limitation: (1) The cost of repairs is evidential on the issue
of the difference in value of goods before and after injury, but
the cost of such repairs must neither exceed the loss in market
value due to the damage nor the automobile's market value immediately
before the damage. Jones v. Lahn, 1 N.J. 358, 362 (1949) damage
to tractor-trailer; Bransley v. Goodman, 40 N.J. Super. 472, 476
(App. Div. 1956) damage to furniture; Nixon v. Lawhon, 32 N.J. Super.
351, 354 (App. Div. 1954) damage to automobile - cost of car, furnishings
and repairs are elements of value; Douches v. Royal, 1 N.J. Super.
45, 47 (App. Div. 1948) damage to automobile.
(2) Where the automobile was damaged and then sold by plaintiff
without any repairs having been made thereon, the measure of damages
is the difference between the value of the automobile before it
was damaged and the price which was received for it from the purchase
(assuming the sale price is not less than the automobile's worth
or value in its damaged condition). Van Sciver v. Public Service
Railway Co., 96 N.J.L. 13 (Sup. Ct. 1921).
B. Evidence As To Value In determining the amount of money, if
any, to be awarded to plaintiff (owner) for the damage to his/her
(personalty involved), the jury may consider, but are not bound
by, the testimony of the plaintiff (the owner) as to his/her opinion
of the value of the property before and after it was damaged. Cases:
Rodgers v. Reid Oldsmobile, Inc., 58 N.J. Super. 375, 385 (App.
Div. 1959); Nixon v. Lawhon, 32 N.J. Super. 351, 356 (App. Div.
1954).
Limitation:
The owner of personal property may be permitted to testify as to
its value before and after damage where such person property is
"of a common class or in general daily use," in the court's
discretion, but not where the owner has not the slightest knowledge
of such value. Rodgers v. Reid Oldsmobile, Inc., and Nixon v. Lawhon,
supra.
Notes:
These rules for measuring damages are subordinate to the ultimate
aim of making good the injury done or loss suffered. "The answer
rests in good-sense rather than in a mechanical application of a
single formula." N.J. Power and Light Co. v. Mabee, 41 N.J.
439, 441 (1964).
See "Damages," McCormick (West Pub. Co. 1969) p. 470
et seq., for full discussion of general subject of damages for personal
property losses. C. Incidental Damages As A Result of Motor Vehicle
Damages A plaintiff who is entitled to a verdict for property damage
to a motor vehicle is also entitled to recover for necessary and
reasonable out-of-pocket expenses for towing and storage of the
vehicle and rental cost of a substitute vehicle whether the property
damage to plaintiff's car is partial or total. As to any of the
out-of-pocket expenses, the determination as to necessity for same
and the reasonableness of both the cost thereof and the period of
time required is for you, the jury, to determine in the light of
all the circumstances in which plaintiff found himself/herself following
the accident. Cases:
Hintz v. Roberts, 98 N.J.L. 768, 771 (E. & A. 1923); Bartlett
v. Garrett, 130 N.J. Super. 193 (Co. Dist. Ct. 1974).
The following form helps clients itemize their property damage
in accidents
1. Property Damage Itemize: (a) Automobile repair damage __________________
(b) Towing expense __________________________ (c) Car rental expense
________________________ (d) Car storage expense _______________________
(e) Total car damages _________________________ (f) Other property
damage _____________________ (g) Clothing, glasses, wristwatch or
other jewelry items __________________________________ ________________________________________
(h) Miscellaneous items and costs ________________
2. Wage Loss Itemize: (a) Time lost from work ______________________
(b) Wages lost per week ______________________ (c) Total wages lost
_________________________
3. Transportation Expense Itemize: (a) Cabs ____________________________________
(b) Buses/Trains _____________________________ (c) Rentals __________________________________
(d) Mileage ___________________________________ (e) Total transportation
expenses _________________
4. Medical Expenses Itemize: (a) Physician expenses, date incurred,
and amount ___ ________________________________________ (b) Laboratory
expenses, date incurred, and amount ________________________________________
(c) X-rays, date incurred, and amount _____________ (d) Accident
room expenses, date incurred, and amount _______________________________________
(e) Ambulance expenses, date incurred, and amount ___ _________________________________________
(f) Medication expenses, date incurred, and amount ____ _________________________________________
(g) Therapy expenses, date incurred, and amount _______ _________________________________________
(h) Nurse or home healthcare expenses, date incurred, and amount
_________________________________ (i) Miscellaneous medical expenses,
date incurred, and amount ___________________________________ _________________________________________
_________________________________________ (j) Total medical expenses
______________________ _________________________________________
5. Housekeeping/Home Aid Expenses Itemize: (a) Number of weeks
used _______________________ (b) Wages paid per week ________________________
(c) Miscellaneous items of expense associated with home care _________________________________
_________________________________________ (d) Total housekeeping/home
care expenses __________ __________________________________________
6. Miscellaneous expenses ____________________________ ____________________________________________________________________________
____________________________________________________________________________
__ If you have a personal injury, call KENNETH A. VERCAMMEN, ESQ.
732-572-0500 for a confidential in-office appointment
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