For the purpose of insurance claim, does a PC game has depreciate value?

Happy Hopping

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So while a regular piece of hardware has depreciated value, a PC game, any general PC game, say a first person shooter game, does it really have a depreciate value? Because the same type of game that we play on the arcade, is the same game that we play on a PC, and should the entertainment value and the addictive excitment of the game, be the same whether you play it 5 years ago, today or 5 years from now?
 

TheSlySyl

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When I had to deal with insurance in the past, for videogames they cared about the "cost of replacement" which meant for a few of my games I got like $5, but for some of my rarer games they valued them at $200.
 

Comixbooks

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Its like Bitcoin its code so its worth whatever you value it at. Which on Steam the general population thinks games are like Allunium Cans after you drink the Soda. If you don't gave time to appreciate it its worth nothing I guess like neglected child. With Hard Copies I think those days are over with because the Hard Copies are mass produced today its going to take like 40 years for your unopen Copy of Demon Souls for the PS5 to be worth something.
 

Aireoth

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You would have to check your policy wordings under property damage and replacement cost. It will either say replacement with like/similar or exact same.

If its like or similar you can buy new title and consoles etc, and be paid the cost of that up to your pooicy limit.

If its same, you have to replace the lost property with the same item.

If you take cash settlement most policies revert to ACV (actual cash value = depreciated). Most of the time (and a reasonable adjuster) you will be paid ACV after a loss and will get topped up to replacement cost as you purchase replacements and submit receipts.
 

Dan_D

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Insurance typically works on replacement costs. Thus, the game (whatever it is) will only be worth current market value. That's assuming you can get anything for software at all. With most of it being tied to some sort of digital distribution tied to an account, you won't get anything for it at all as it isn't lost. If we are talking about physical copies such as a collector's edition, then there may get something for it but things with intangible costs are hard to get money for from insurance companies. I've been involved in insurance estimates for destroyed computer hardware dozens of times and I've never heard about anyone getting anything for software or data. The latter of which, almost no one has any legal liability or responsibility for.
 

LukeTbk

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The wording being any make it sound has if they are not collector item (for which I imagine the insurance company would like an official appraisal before the theft occured) but it can be make after if there was a clear record of the collections

Reading people getting something that keep value quite well like Blurays, it seem that if you were well covered some insurance will not send cash, but have you rebuy all the items at the current cost (amazon, criterion or what not) and send them the bill, seem like something that change enough to contact your insurer and make sure you are covered. Here they could ask you to buy all of them on steam and send a receipt if you cannot find them in dvd version anymore. If they are not rare collectible, it would require something quite quite large to be relevant to take that kind of time I imagine.
 

Aireoth

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I have no policy. I 'm suing the other side
Then you are only entitled to depreciated value, not replacement cost.

Insurance typically works on replacement costs. Thus, the game (whatever it is) will only be worth current market value. That's assuming you can get anything for software at all. With most of it being tied to some sort of digital distribution tied to an account, you won't get anything for it at all as it isn't lost. If we are talking about physical copies such as a collector's edition, then there may get something for it but things with intangible costs are hard to get money for from insurance companies. I've been involved in insurance estimates for destroyed computer hardware dozens of times and I've never heard about anyone getting anything for software or data. The latter of which, almost no one has any legal liability or responsibility for.

I assume he is talking phyical media, and yes you can get covered under your contents limit for lost physical software, obviously if its digital and you can just redownload there is no loss. Data on the other hand is only usually insured on corporate policies and not personal, it will have a (usually low) sub-limit and is mostly the cost to rebuild the data. it also matters if the cause of loss is insured, for example a lot of basic commercial insurance will include a section for cyber theft of personal data, but not include the cost to rebuilt unless a cyber specific policy is purchased.
 

Happy Hopping

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Insurance typically works on replacement costs. Thus, the game (whatever it is) will only be worth current market value. That's assuming you can get anything for software at all. With most of it being tied to some sort of digital distribution tied to an account, you won't get anything for it at all as it isn't lost. If we are talking about physical copies such as a collector's edition, then there may get something for it but things with intangible costs are hard to get money for from insurance companies. I've been involved in insurance estimates for destroyed computer hardware dozens of times and I've never heard about anyone getting anything for software or data. The latter of which, almost no one has any legal liability or responsibility for.
you don't understand. The games are old, in CD, there is no direct replacement. say I lost a sierra pinball game in CD, because the laptop has water damage from a car accident. And those game doesn't run at today's OS. how do you gauge the replacement cost? get another pinball game in Cd?
 

Aireoth

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you don't understand. The games are old, in CD, there is no direct replacement. say I lost a sierra pinball game in CD, because the laptop has water damage from a car accident. And those game doesn't run at today's OS. how do you gauge the replacement cost? get another pinball game in Cd?
American insurance requires you replace with the same to get replacement cost, otherwise you only get ACV.

However, you stated you are suing the other side, civil liability is limited to depreciated value. The reason its different with your own insurance policy is the insurance contract covers your property for replacement cost (unless you elect to buy ACV) but only has to pay replacement cost if it is replaced.

So you or your lawyer has to prove the value today of the items you lost, establishing the actual cash value at present time of said items, and depending on the item that can be difficult.
 

Happy Hopping

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that's why I post the original question in the first place: how do you gauge a game value? because these old games that I have, I've seen the exact same game at the arcade , as recent as last week, when you put a $1 to play. And I don't see the loss in entertainment value. I will play the same game 10 yr. from now
 

Aireoth

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that's why I post the original question in the first place: how do you gauge a game value? because these old games that I have, I've seen the exact same game at the arcade , as recent as last week, when you put a $1 to play. And I don't see the loss in entertainment value. I will play the same game 10 yr. from now

You have your answer, are you looking for a different one?

Your personal value does not set legal value, you need to find resale copies of the software you are talking about and that establishes your quantum, if there is no such thing try looking for the last sale, again if it does not exist you have an huge battle proving they are worth something rather than nothing. like it or not that is all it is.
 
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Mchart

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You need to have specific agreed value insurance if you're talking collectors items like expensive older video games, etc. Otherwise, you just get the market replacement value, which could be basically nothing depending on how obsolete said game is.

You can generally base value on what a similar condition item is selling for from a vendor like dkoldies.com, etc when trying to convince the underwriter of the value on the agreed value policy.\

If you don't have an agreed value policy, your SOL.
 

Aireoth

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You need to have specific agreed value insurance if you're talking collectors items like expensive older video games, etc. Otherwise, you just get the market replacement value, which could be basically nothing depending on how obsolete said game is.

You can generally base value on what a similar condition item is selling for from a vendor like dkoldies.com, etc when trying to convince the underwriter of the value on the agreed value policy.\

If you don't have an agreed value policy, your SOL.
He's suing someone, so its only depreciated value.
 

Happy Hopping

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You have your answer, are you looking for a different one?

Your personal value does not set legal value, you need to find resale copies of the software you are talking about and that establishes your quantum, if there is no such thing try looking for the last sale, again if it does not exist you have an huge battle proving they are worth something rather than nothing. like it or not that is all it is.
but what about the entertainment value not change or has not diminish at all? Pick Sierra Pinball. It's pretty much the same back then vs. today's pinball game. So how can we justify a drop in the entertainment value of the game? the whole software is a game about entertainment
 

N4CR

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Only if it's not graded by certain 'people' at WATA while being re-sold constantly to the owner at Auction every few years to inflate the price and create a speculative bubble market.
 

Aireoth

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but what about the entertainment value not change or has not diminish at all? Pick Sierra Pinball. It's pretty much the same back then vs. today's pinball game. So how can we justify a drop in the entertainment value of the game? the whole software is a game about entertainment
Means very little at law, where is the harm done, did you lose sexual ability, physical ability, due to the loss of this product? Most likely trying to claim you did will result in a few snickers in court, you'd need experts to testify that yes, Mr.happy was so traumatized he now suffers from xyz. Can a legal team pull this off, sure with enough money, but it sounds like you don't have one or a loss large enough to hire one.

Entertainment can be replaced easily and cheaply, so you won't get much for it. especially if your titles are available in rom/emulation, or abandonware.

Like I said, Tort (civil) law is limited to depreciated value, so that is your starting point. Then its limited to harm done to the impacted individual, which needs to be proven.

You need to honestly ask yourself how much time is this worth, because its going to take a lot of your time to try and do this. I cannot think of a single historical video game I have that is worth it.
 

TheSlySyl

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For my claim, I basically just made a spreadsheet with the replacement cost, based off Amazon, Gamestop or ebay. They only checked a few of the more valuable ones with scrutiny. (Example: Earthbound with Box and Guide) Couple hundred similar looking line items bored everyone.
We already had a spreadsheet of every physical game we own.

This also happened before cloning game cartridges became a super common thing so I didn't have to worry about getting fake replacements or having illegitimate copies myself.
 

Happy Hopping

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Means very little at law, where is the harm done, did you lose sexual ability, physical ability, due to the loss of this product? Most likely trying to claim you did will result in a few snickers in court, you'd need experts to testify that yes, Mr.happy was so traumatized he now suffers from xyz. Can a legal team pull this off, sure with enough money, but it sounds like you don't have one or a loss large enough to hire one.

Entertainment can be replaced easily and cheaply, so you won't get much for it. especially if your titles are available in rom/emulation, or abandonware.

Like I said, Tort (civil) law is limited to depreciated value, so that is your starting point. Then its limited to harm done to the impacted individual, which needs to be proven.

You need to honestly ask yourself how much time is this worth, because its going to take a lot of your time to try and do this. I cannot think of a single historical video game I have that is worth it.
I am only interested in claming the replacement value of all my PC games. They were in the windows 98/XP era, but these CD plays fine. With the lost of my laptop, these games obviously won't run (or install) in win 10. So I just want to get a gauge of the replacement value. I mean, a lot of these games has no linear replacement. For e.g., you can 't get me a virtua Fighter 2 CD in today's PC game anymore. So what I am thinking is to randomly get a list of action / adventure game and claim the replacement value, one on one. But as to depreciated value, does it really depreciate ? it's the same game, if I have another desktop running XP, it's really the same game.
 

Happy Hopping

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no kidding. But we are going in circle: there is no desktop / laptop running win 98, so we can't get virtua fighter 2, there is virtua fighter 4, but that's for Sega playstation

https://gamefabrique.com/games/virtua-fighter-4/

so it's not really a replacement as these software need the necessary win 10 PC to run

so to cut to the chase: what's a fair replacement? is it reasonable to pick an average action fighting game for windows 10?
 

TheSlySyl

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Nope. Just the replacement cost of Virtua Fighter 2. Literally all that they care about. It doesn't matter if it can run or can't run, doesn't matter about lost save data or emotional investment, literally just the replacement cost. They didn't give a fuck that I lost hundreds of hours of EV/IV trained tournament quality pokemon. They only cared that Pokemon White 2 cost $35 used.

If you're trying to replace a windows 98 PC, find one on ebay and argue a hell of a lot about why you need something that old and what particular purpose as to why only that particular hardware (and not something newer), and you'll get the replacement cost of that particular hardware.

It was REALLY difficult for me to explain and try to get money for some of the special edition, limited release hardware that carried a significantly higher secondhand market value than the basic hardware.

They didn't care, all they wanted to know is that a 3DS replacement cost $100. In the end, I only got the replacement cost. RIP my fancy Majora's Mask 3DS.
 
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Aireoth

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no kidding. But we are going in circle: there is no desktop / laptop running win 98, so we can't get virtua fighter 2, there is virtua fighter 4, but that's for Sega playstation

https://gamefabrique.com/games/virtua-fighter-4/

so it's not really a replacement as these software need the necessary win 10 PC to run

so to cut to the chase: what's a fair replacement? is it reasonable to pick an average action fighting game for windows 10?

The problem is you are suing someone, not using your own insurance, and you keep ignoring that in a civil action suite you are only entitled to depreciated value, though it seems you've erroneously tied depreciated value to replacement cost. For example, if the game is $10 today to buy a used copy, that is depreciated value. The game cost you $70 to buy new, that is replacement cost.

As for fair replacement, that only counts again in your own first party insurance coverage, and if your policy is like most American policies it requires exact replacement of product to trigger full replacement cost. British wording (which is Canadian as well) allows for replacement with like or similar product.

we are going in circles because you either do not understand, or do not like, the answer.

Tldr: you are only going to get depreciated value since you are suing (feel free to elaborate if you think this is incorrect), which means no, you won't get a new fighting game, you'll get the $10 that the last copy of your fighting game sold for. This is why most people don't fight for small ticket items like games.

Why do you think you are due replacement cost when civil suites are only ever depreciated value?

I am only interested in claming the replacement value of all my PC games. They were in the windows 98/XP era, but these CD plays fine. With the lost of my laptop, these games obviously won't run (or install) in win 10. So I just want to get a gauge of the replacement value. I mean, a lot of these games has no linear replacement. For e.g., you can 't get me a virtua Fighter 2 CD in today's PC game anymore. So what I am thinking is to randomly get a list of action / adventure game and claim the replacement value, one on one. But as to depreciated value, does it really depreciate ? it's the same game, if I have another desktop running XP, it's really the same game.

Oh so here is the other problem, if all you lost is the laptop but you still have the games, you have not suffered a loss of the games you are claiming.

Yes, everything depreciates, your personal assigned value has no bearing on it. In fact games depreciate to the point of zero value and become abandonware that you can pick up largely for free.

You can make said spreadsheet, but if the otherside in the lawsuit is doing their job your sheet will be thrown away. What you really need to do is make a sheet of everything you lost (not the things you cannot use anymore because something else was stolen) and then look for direct replacements, absolutely as close as possible, ideally the exact same thing, and that establishes your loss value.

Replacement cost is special as its contractual and not legal. Your insurance contractually agrees to replace your contents to replacement cost subject to the terms and conditions of the contract. If you are suing your own insurer it is much more important to debate the terms and conditions and how your insurer violated them, than the specific value of xyz item. If you are suing a third party (me for example) I am only legally obligated to pay you depreciated value, and only if the suit is successful.

Now for the items you haven't lost but cannot use anymore, your suing for loss of enjoyment, which is legally allowed but difficult to establish quantum for. You have to somehow establish a value of the enjoyment lost, which often means proving you still used and enjoyed said items (sitting on a shelf does not count), how often you did, and how this loss has impacted you. All a lot of work and with little likelihood of success for something like games (much more likely when it comes to loss of body parts and the associated enjoyment you'd get from running, swimming, etc.). At some point you need to ask yourself how much time this is worth, because your time has value as well.
 
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Mchart

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The problem is you are suing someone, not using your own insurance, and you keep ignoring that in a civil action suite you are only entitled to depreciated value, though it seems you've erroniously tied depreciated value to replacement cost. For example, if the game is $10 today to buy a used copy, that is depreciated value. The game cost you $70 to buy new, that is replacement cost.

As for fair replacement, that only counts again in your own first party insurance coverage, and if your policy is like most American policies it requires exact replacement of product to trigger full replacement cost. British wording (which is Canadian as well) allows for replacement with like or similar product.

we are going in circles because you either do not understand, or do not like, the answer.

Tldr: you are only going to get depreciated value since you are suing (feel free to elaborate if you think this is incorrect), which means no, you won't get a new fighting game, you'll get the $10 that the last copy of your fighting game sold for. This is why most people don't fight for small ticket items like games.
I have a fairly decent collection for NES/Genesis/SNES. Some games are worth quite a bit. For those that are worth quite a bit like my original in-box SNES and NES - I specifically have agreed value collectors insurance on these items.

As you said, without something like that from the get-go, you're getting depreciated value...
 

LukeTbk

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no kidding. But we are going in circle: there is no desktop / laptop running win 98, so we can't get virtua fighter 2, there is virtua fighter 4, but that's for Sega playstation

You are talking about a more recent past, if you do not want to get into the trouble (And I can see just not working has well) virtual machine route, there is many retro gamers on this website to look for thread fill with infos:
https://www.ebay.com/b/Intel-Pentium-4-Windows-98-PC-Desktops-All-In-One-Computers/179/bn_5780178

For some game you could take a look if the gog version https://www.gog.com/ (they come with dosbox pre set for you if the game need it and so on), would not simply do the trick on your modern machine.

At the end of days I feel rebuilding what you had will cost you way more of your time to go through it (specially if it would be your first attempt into this), than actual money, which could be hard to get back in a court fashion.
 

Aireoth

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I have a fairly decent collection for NES/Genesis/SNES. Some games are worth quite a bit. For those that are worth quite a bit like my original in-box SNES and NES - I specifically have agreed value collectors insurance on these items.

As you said, without something like that from the get-go, you're getting depreciated value...

Yes but you are also using your own insurance to cover them, as soon as you leave your insurance policy (say suing a third party) they have no obligation to pay replacement cost. Replacement cost is contractual, hence your appraisal and established value. The most common item to have established value insurance on is collector vehicles, followed by jewelry and artwork, much less common for everything else (but it does happen, like games, cards, watches, etc).
 

Mchart

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Yes but you are also using your own insurance to cover them, as soon as you leave your insurance policy (say suing a third party) they have no obligation to pay replacement cost. Replacement cost is contractual, hence your appraisal and established value. The most common item to have established value insurance on is collector vehicles, followed by jewelry and artwork, much less common for everything else (but it does happen, like games, cards, watches, etc).
Well if my items were stolen, it's covered on the policy, so the insurance company would be handling that. I wouldn't pursue it on my own and not use my policy.
 

Aireoth

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Well if my items were stolen, it's covered on the policy, so the insurance company would be handling that. I wouldn't pursue it on my own and not use my policy.
Exactly, but if you go up in the thread...
I have no policy. I 'm suing the other side

He is suing a third party, so no insurance, no replacement cost, only civil law applies.
 

Happy Hopping

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okay, so we can't get replacement cost. And I have no interest in suing my own insurance co., as they've done nothing wrong. I rather sue the other side. So w/ the other side, the laptop is damaged, as such, the hardware and software needed to be replaced. But they are bound by federal law to replace me w/ the same quality of hardware and software equivalent to 1 day prior to the accident, w/ similar to identical hardware & software, that much I know
 

Mchart

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okay, so we can't get replacement cost. And I have no interest in suing my own insurance co., as they've done nothing wrong. I rather sue the other side. So w/ the other side, the laptop is damaged, as such, the hardware and software needed to be replaced. But they are bound by federal law to replace me w/ the same quality of hardware and software equivalent to 1 day prior to the accident, w/ similar to identical hardware & software, that much I know
Which means average market value. Not 'concours' style value since you didn't have a policy showing the value as deemed by an adjustor.
 

Aireoth

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okay, so we can't get replacement cost. And I have no interest in suing my own insurance co., as they've done nothing wrong. I rather sue the other side. So w/ the other side, the laptop is damaged, as such, the hardware and software needed to be replaced. But they are bound by federal law to replace me w/ the same quality of hardware and software equivalent to 1 day prior to the accident, w/ similar to identical hardware & software, that much I know
Again that is depreciated value, the value of the used and old thing just prior to loss, not the value of a new thing to replace the old thing with.

The reality of not involving your insurer is more likely your deductible is higher than the loss amount (or high enough that it renders the loss moot). You don't sue your own insurance company, you open a claim and they assign an adjuster. Suing your insurer happens much later as a result of a dispute over coverage.
 

mnewxcv

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okay, so we can't get replacement cost. And I have no interest in suing my own insurance co., as they've done nothing wrong. I rather sue the other side. So w/ the other side, the laptop is damaged, as such, the hardware and software needed to be replaced. But they are bound by federal law to replace me w/ the same quality of hardware and software equivalent to 1 day prior to the accident, w/ similar to identical hardware & software, that much I know
Are you saying there isn't a comparable laptop on eBay? Should be plenty of options.
 

twonunpackmule

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okay, so we can't get replacement cost. And I have no interest in suing my own insurance co., as they've done nothing wrong. I rather sue the other side. So w/ the other side, the laptop is damaged, as such, the hardware and software needed to be replaced. But they are bound by federal law to replace me w/ the same quality of hardware and software equivalent to 1 day prior to the accident, w/ similar to identical hardware & software, that much I know
Depends.

When I got robbed years and years ago...I was able to get current price on market for my games. But, that was made easy since Funcoland at the time issued price lists for games. You didn't get a 1:1, but they would take a percentage off the cost. So, my replacement copy of Xenogears for example was valued at $80, but I was given $60ish. I bought the game for $45.
 

Lamont

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I got robbed in like 2002 ish of my entire game collection. The insurance company offered to pay me out for the hardware and software, which was about $600 (the cost for them to replace), or replace every freakin' game on the list.

And replace every game and system they did. Minus a couple of really hard to find ones (Xenogears PS1 was one of them). They offered to let me choose another game if they could not find.

Getting a huge box filled with a couple hundred games, a ton of controllers and systems was like the Christmas I never had as a kid (and I was like 22). I do remember that the controllers/memory cards were mixed. Some were official brand some were like generic/off-brands.

I would ask them to replace the items, and sell them on your own. They should be wrapped/sealed and new, so you can sell them as new and get more than used.
 

zandor

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okay, so we can't get replacement cost. And I have no interest in suing my own insurance co., as they've done nothing wrong. I rather sue the other side. So w/ the other side, the laptop is damaged, as such, the hardware and software needed to be replaced. But they are bound by federal law to replace me w/ the same quality of hardware and software equivalent to 1 day prior to the accident, w/ similar to identical hardware & software, that much I know
Actually they're not. You're getting money if you win. Anything other than money is an "extraordinary remedy" in the courts. If money is good enough, you get money. In the case of destruction of property money is pretty much always good enough, at least as far as the courts are concerned. Sometimes you can get extra money for emotional distress, etc., like if the urn with mom's ashes in it or a family heirloom gets destroyed. If it cannot be replaced or fixed you get money. Other than money it's rare to get anything other than an injunction ordering someone not to do something. You are entitled to the value of the stuff that was damaged and possibly punitive damages if the other driver is found negligent, but a court will not order your stuff replaced. They'll just order the defendant to give you money so you can replace it... or not. In very rare cases a court will order specific performance. That tends to be for stuff like unique services no one else can provide or for suits against the government. Like you might actually get specific performance if the county isn't maintaining the road to your farm or you're trying to get your data back from a 3rd party storage vendor.

It'll be a state law claim unless your stuff got destroyed some place where there aren't state courts or something equivalent. Not that it matters. Stuff like car crash, my stuff got destroyed gets the same remedy in all the states. You just get money if you win the case. Federal law doesn't cover oops, crash or most other civil claims for destruction of property or personal injury. Also doesn't cover murder most of the time. You only end up in federal court if there's a specific claim or crime specified by congress involved or it's a civil case and the parties are from different states, there's enough money involved, and one of the parties wants to litigate in federal court. Currently it's $75,000 minimum.

How much the games are worth is a question of fact for the jury. Or the judge if it's a bench trial. A jury can do whatever they want and the judge will only throw it out if it's "objectively unreasonable" or something like that. Used resale cost is often a pretty good indicator of value, but not the only factor. You get "what it's worth", not the replacement cost. Like if it's a car you might get the "private party" value rather than "dealer retail." It's court, so you can technically argue whatever you want for the value of an item but getting greedy is a good way to hurt your case.

Another caveat is used prices may not be indicative of market value for some games as far as a court is concerned. A lot of times they stick something in the license agreement about how you're buying a license not a copy, and this is generally legal for computer software. That makes some second-hand game CDs/DVDs a gray market item of sorts. It is legal to sell the CD/DVD (sale of a copy), but installing or using it could violate the license terms in some cases. You may not care about it being legal and the company that made some old game probably doesn't care anymore either, but the court will. Sometimes they're transferable, but sometimes not. If not a used copy wouldn't be a legal copy... unless you already had a license and just needed replacement media. On that note there's a distinct possibility you're legally entitled to "pirate" some of your games due to the original software license. E.g. you hold a license. The destruction of your CD with a copy of the software on it doesn't typically terminate the license (but you'll have to read it to be sure) so you only need a replacement copy and not the license for many of your games. In other words you're in for some rather hellish fun reading a bunch of EULAs to determine what you actually lost... if you can find them in the first place.

Did you actually lose all the games or just the laptop? You won't be able to get them to pay for games that weren't destroyed. Used laptops aren't hard to come by.
 

kaneO

Limp Gawd
Joined
Sep 11, 2021
Messages
139
cost of replacement is all that matters. Don't except a penny less than that
 

zandor

2[H]4U
Joined
Dec 14, 2002
Messages
3,822
cost of replacement is all that matters. Don't except a penny less than that
Not under the law, at least when a trial is involved. In a trial you get whatever the jury says it's worth, or judge if it's a bench trial without a jury. In theory it's supposed to be "current value", which may or may not be replacement cost but really it's whatever the judge or jury says. An appellate court can overturn a jury verdict or lower court judge valuation, but only if it's "objectively unreasonable" or something like that. So no, you don't get replacement cost. Replacement cost is usually a major factor in what the judge or jury comes up with, but not the only factor. You'll probably get something reasonably close to replacement cost most of the time, but what you actually get is what the judge or jury decides it's worth and that's what you have a right to.
 

kaneO

Limp Gawd
Joined
Sep 11, 2021
Messages
139
Not under the law, at least when a trial is involved. In a trial you get whatever the jury says it's worth, or judge if it's a bench trial without a jury. In theory it's supposed to be "current value", which may or may not be replacement cost but really it's whatever the judge or jury says. An appellate court can overturn a jury verdict or lower court judge valuation, but only if it's "objectively unreasonable" or something like that. So no, you don't get replacement cost. Replacement cost is usually a major factor in what the judge or jury comes up with, but not the only factor. You'll probably get something reasonably close to replacement cost most of the time, but what you actually get is what the judge or jury decides it's worth and that's what you have a right to.
This an insurance claim though not a trial. Most insurance companies will cover cost of replacement if you speak up if you don't speak up they will give you current value. They all want to get over.. I bet if you tell them your RTX 3080Fe was burned or ruined they would want to give you retail for that and not current value haha
 
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