Motor Vehicles
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Authors
Quinn, Kathleen M.
Issue Date
1981
Volume
14
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|A major clarification in the measure of damages for injury to a motor vehicle not used solely for business or commercial purposes was made by the Nebraska Supreme Court in Husebo v. Ambrosia, Ltd. The Court held that when a vehicle can be repaired so that it is put into as good condition as it was in before an injury, the measure of damages is not limited to the reasonable cost of repairs. It also allowed the reasonable value of the use of the motor vehicle while it was being repaired with ordinary diligence. This value is equal to the lesser amount of either the fair rental value of a similar vehicle of or the amount actually paid to lease such a vehicle. The total sum of damages allowed, however, cannot exceed the value of the motor vehicle before the injury. Additionally, the normal costs of operation of the leased vehicle are not recoverable. However, unlike the trial court, the supreme court did not include as a normal cost of operation the portion of the rental fee charged for mileage incurred. The mileage charge, the court said, was an integral part of the cost of the lease, and represented depreciation of the rented vehicle. The court found no justification for disallowance of this item when the damaged vehicle was depreciating and likewise for the time necessary for repair...
Description
Citation
14 Creighton L. Rev. 420 (1980-1981)
Publisher
Creighton University School of Law