Law School Discussion

What legal theory could make this work?

What legal theory could make this work?
« on: September 18, 2007, 05:59:07 PM »
I may have to sue an insurance company based on an auto wreck that was the other party's fault.  If I have to sue, I want to add a claim for money based on time spent, i.e. dealing with the insurance companies, dealing with appraisers, body shops, picking up the car, etc.

As I understand it, Quantum Meruit is based on work performed by agreement, and is valued based on the services rendered, not on what it costs the person performing the work.  Thus, this theory isn't a perfect fit.  What else could I use?

Also, I am planning on researching this on my own, but would there any benefit in me claiming vexatious refusal?  i.e. triple damages or something of the like?


Re: What legal theory could make this work?
« Reply #1 on: September 19, 2007, 01:18:45 PM »
You don't mention if it is the other party's insurance company or your client's insurance company. 

If it is your client's company, perhaps you could include those costs as special damages under contract law.  If it is the other party's insurance, you may be able to use contract law and special damages if you classify your client as the third party beneficiary of the insurance contract.

If you are going based on tort law, I don't see why you couldn't include those costs in the damages there as well.


Re: What legal theory could make this work?
« Reply #2 on: September 20, 2007, 05:33:28 AM »
Yes, you need no special legal theory. These are your actual damages. However, you need to establish the value of your time. If you're not a lawyer or some other professional who necessarily spent business time on this matter, your time is worth nothing at all.