§ 13-14 Damages - Automobile - Negligence Cause of Action

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 13-14 Damages - Automobile - Negligence Cause of Action

There is no requirement that one whose automobile is damaged by the negligence of another must have it repaired in order to entitle him to recover his damages. However, a competent estimate of the cost of repairs is relevant upon the issue of the amount of damages. Additionally, an estimate of the value of the loss of use of the automobile during the period reasonably necessary for repairs is relevant to the issue.

The measure of damages for an automobile is the difference between the reasonable market value of the automobile immediately before the injury and its reasonable market value immediately after the injury. If repairing an automobile would put it in as good condition as before, then the measure of damages would be the cost of repair. If there is any depreciation after the car is repaired-if its value is less than it was before-the amount by which its value is reduced after repair would be added to the cost of repair.

In the case of destruction of an automobile, the measure of damages is its market value at the time of the loss.

Ownership of an item of...