Auto Insurance Claims: auto collision, damage documentation

Question
Justin,
I was rear ended last September.  One of my rims was cracked.  My insurance company agreed to compensate me for the one rim.  My problem is that the set of rims is discontinued, so I am now forced to go buy whole new set of rims.  I would like to sue the person who hit my car to cover the cost of the new set less the amount I was reimbursed by my insurance company.  Have you had any experience with this?  What do you think are my chances of success?  Any tips in proving damages?

Thanks,
David

Answer
David,

   I'm sorry for the delayed response, I am normally much faster.  I have been popular as of late.

   Okay, your easiest method of proving damages is to prove that your rims were discontinued (letter/documentation from manufacturer), document the cost of the rims when they were new, locate a comparable set of rims and document their cost, then adjust the final amount by depreciation and the payment you have already recovered from your carrier.  Additionally, you might find some benefit in calling your carrier, asking for the subrogation department and seeing if the recovery specialist handling your case will include the documentation you compile in the insurance company's demand for reimbursement (for the one wheel they paid for).  


    I hope this helps.