What does PA law mean when it says I should be "made whole" after an auto accident that was not my fault?

Asked almost 4 years ago - Langhorne, PA

I was in an auto accident. My car was damaged then repaired. The repair shop did not fix it properly resulting in damage amounting to a total constructive loss. I had to obtain an attorney in order to sue the shop which is now at settlement because they do not want to go to court for 3 counts of negligence one of which includes failing to honor their written warranty. As they originally failed to make the repair when I brought it to their attention. Their initial settlement is leaving me with no car because they want me to salvage it and turn it over, my auto loan paid off due to loss and a bus pass and my attorney is fine with this claiming they will have met their obligation to make me whole. My attny also does not want to go thru "the hassle" of going to court.

Attorney answers (2)

  1. Michael James Reed

    Contributor Level 12

    Answered . By being "made whole" means you should be in the same position you were before the accident took place. While you may not have a car at the end of settlement, with the old car loan being paid off does this afford you to go out to acquire a new vehicle?

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.

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  2. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Being made whole means placing the person in the same position they were in before the damages occurred. Usually this means an amount of money which covers the damages incurred. You cannot make a profit from the damages.

    Legal Disclaimer :

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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