Auto Insurance Claims: Carl value, kelley blue book, small claims court

Question
My sister is unfortunately suing my brother in small claims court for the cost of her vehicle. He was in an accident with it and they are not going through their insurance (NO collision anyway.)  My brother was willing to pay her the amount she paid for the car which was only $800.00. Damages where just over $400.00 But, she wants what the car is worth according to the Kelley Blue Book, which is approx.. $2500.00.  She got the car from a friend who charged her only $800.00 (a great deal.) This upset my brother so he said he wasn't going to pay her a dime, due to her greed. She said she'll sue him. Well, sure enough he recently got notice that she was suing him in small claims for $2500.00. And on top of that she is suing for the damages.  My question can she sue for either or, or both?? Since, she only paid $800.00.  Also, the other day she just turned around and sold it for $1500.00. Doesn't she need to show proof of what she paid in court?? And sold it for. Please give me some advice on this.  Both keep talking to me about this, putting myself and other family members in the middle. I decided to ask an expert, because honestly, I don't know what can and can't be done.  I just feel it's not fair to him.  Anyway, sorry so long, and if a bit confusing. Thank you for volunteering your expertise.  I look forward to your reply with great interest.  Sandra

Answer
My response is based on the information that you have provided.

If this info is accurate, then you're sister is in for a rude awakening once she gets to the court room.  Your brother owes her for the repair cost and only the repair cost.  

First of all, he will need to advise her that as she rejected the $800.00 offer, it is off the table now.  That is his legal right.  
I believe that if anyone is foolish and greedy enough to reject an offer for more than they're already entitled, then such offer should be withdrawn.  

He'll then need to write her a check for the actual damages, write "full and final settlement for xx/xx/date property damage on xxxx Make/Model and give it to her.  He will need to make photo copies of the check and bring it to court with him.  I assume that the repair figure was based on a body shop estimate so that will need to be presented as well to support the check.  If he hasn't already done so, your brother should also apologize for the inconvenience caused by him damaging the car.  With such a small repair estimate, the likelihood of hidden or supplemental damages would be minimal and not likely worth legal consideration by a court.

He does not legally owe her for any inconvenience, pain and suffering nor any kind of punitive damages.  As the vehicle was likely still drivable, was never repaired and has now been sold, he does not owe for any rental either.

She has pretty well shot herself in the foot by demanding $2,500 as $400-$500 worth of damage would never total out a $2,500 (or a $1,500 car which can now be proven as the minimum actual cash value) car.  Therefore, he only owes for the repair.

Even if the vehicle had been a total loss, by law, he would have only owed for the actual cash market value and not the Kelly Blue Book.  KBB represents "suggested asking prices" only.  I can ask $10,000 for a $1,000 car, but it's still a $1,000 car.

If she is still foolish enough to take this in front of a judge, he will likely be very unhappy with her wasting the court's time.  If your brother wishes to file a counter claim for any out of pocket expenses that result from this court date, he certainly has the right and will likely prevail.  This would generally include at minimum, the cost of transportation to and from the courthouse and lost wages.