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Then you are only entitled to depreciated value, not replacement cost.
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.
He's suing someone, so its only depreciated value.
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.
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.
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.
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...
Which means average market value. Not 'concours' style value since you didn't have a policy showing the value as deemed by an adjustor.
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.
Are you saying there isn't a comparable laptop on eBay? Should be plenty of options.
Depends.
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.
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
