Facts

On July 15, 2013, plaintiff Behzad Binafard's 2013 Porsche 911 Cabriolet was involved in a collision with defendant James Shogren at the corner of Doheny and Keith Sts., in Beverly Hills.

PLAINTIFF'S CONTENTIONS:
Plaintiff, the registered owner of the vehicle, claimed his vehicle had less than 700 miles at the time of the accident. Plaintiff was deprived use of his automobile during the 65 days it was at the body shop being repaired.

DEFENDANT'S CONTENTIONS:
Defendant did not dispute liability. Defendant asserted several affirmative defenses, including failure to state a cause of action, comparative negligence of plaintiff, comparative negligence of third parties, failure to mitigate damages, and unavoidable accident due to sudden illness.

Settlement Discussions

Plaintiff demanded $24,000 prior to litigation. Defendant offered $1,800.

Damages

Plaintiff had requested payment for Loss of Use. Plaintiff requested $400 per day as the cost to rent a similar vehicle. The Hartford Insurance, defendant's insurance carrier, first rejected plaintiff's Loss of Use claim. Additionally, defendant argued that they were not required to pay any loss of use. Just prior to the filing of the complaint, the Hartford offered to pay $1,800 to settle the Loss of Use claim.

Result

The case settled for $15,500.

Other Information

FILING DATE: April 11, 2014.