Full question:
I bought a vehicle from an individual on 2/15/09. On 2/16/09 I went back to get the vehicle and it had been stolen. On 2/17/09 I did a police report. On 5/11/09 I was told it is impounded in a city about 500 miles from me. The vehicle had 183,000 miles on it when I bought it, My insurance ajuster said it has 191,000 miles. She told me they will pay for any damage as well as the cost to get the vehicle to me, but she says they will not pay anything for the 8,000 miles. Do I have a legal right to anything?
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Mississippi
Answer:
Your situation with the insurer involves contract law. You should review your insurance policy to understand the insurer's obligations regarding wear and tear. Generally, auto insurance covers unexpected losses, not normal wear and tear. However, if the vehicle was stolen and damaged during a police pursuit, those damages may be covered.
Contracts create enforceable obligations between parties. An oral contract can be enforced, but proving its terms is more challenging than with a written contract. Breaches of contract occur when one party fails to fulfill their obligations, leading to potential legal action for damages.
Remedies for breach of contract typically include money damages, restitution, rescission, reformation, and specific performance. Money damages compensate for financial losses, while restitution aims to restore the injured party to their previous position. Rescission cancels the contract, and reformation allows courts to modify contracts to correct inequities. Specific performance compels a party to fulfill their contractual duties when monetary damages are insufficient.
Promissory estoppel may apply if you relied on a promise made by the insurer, leading to detrimental reliance. This legal principle can enforce a promise if it induced action that resulted in harm and injustice can only be avoided by enforcing that promise.
For specific legal advice, consider consulting with a licensed attorney who can evaluate your situation in detail.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.