In this case, both parties are probably at fault for the accident and therefore partially liable for the damages caused by the accident. For purposes of determining who has to pay the damages, courts will apportion liability based on percentage figures. Driver B. He is not entitled to recover all his damages since he was partially at fault for the accident. Assuming you can determine liability, the second concept which you must understand is the concept of damages. Legal damages are those costs, losses or expenses you incur directly as a result of the accident.
Property damage is generally the easiest damage to quantify.
If you assume that you are involved in an automobile accident and that the other party was at fault, your property damages are going to be the cost it takes to repair your vehicle to the condition that it occupied before the accident occurred. Furthermore, to the extent that the cost of repairing the vehicle exceeds the value of the car, you are only entitled to the value of the car. Consider two hypothetical situation. As you are pulling out of the dealership your car is struck without fault on your part. You are then involved in a collision, through no fault of your own, which destroys the car.