Instead, the company must produce additional evidence of the costs that were paid for the repair parts and items necessary for the repair of the vehicle. In most jurisdictions, the estimate will serve as important evidence of the reasonableness and necessity of repairs, but it will not be entirely sufficient to prove up damages. This means that the repair estimate will be sufficient even when the in-house repair work was more efficient and less costly. Some jurisdictions will simply allow the estimate to serve as evidence of the reasonable cost of repair, thereby serving as sufficient evidence to prove damages, allowing recovery of the estimated total. But what happens when the cost incurred through in-house repairs varies from that which is included in the estimate? We typically recommend that commercial automobile companies have a third-party estimate prepared, as this will serve as evidence of the reasonable cost and necessity of repairs. However, with sufficient evidence, all states will allow recovery for damage to a repairable vehicle, even when the repairs are done in-house. States will vary on what evidence is necessary to sustain a viable claim for damage to a repairable vehicle. Such recovery is not defeated by the simple fact that this sum exceeds the difference between the market value of the vehicle before and immediately after the injury.2 However, in determining the reasonableness of the plaintiff’s course of action, the court may consider whether damages have been mitigated in light of all the expenses incurred. Where a commercial vehicle owner undertakes to repair a damaged vehicle and does so with the genuine aim of mitigating business losses, he can usually recover the reasonable cost of repairs plus the diminution in value of the vehicle as repaired. Recovering the reasonable costs of repair requires proof that such costs were reasonable. Increased vehicle complexity, an increase in unscheduled maintenance, delays in getting replacement parts, inflationary price pressures, and a paucity of qualified mechanics have all contributed to the growing expense of performing repairs in-house. The cost to the fleet industry of having in-house maintenance and repair facilities has also been steadily rising. Why would they not be entitled to recover more than merely the hourly wages paid to their repair and maintenance personnel, along with the discounted cost of repair parts they may have on hand? The commercial vehicle owner must also take on the role of a third-party repair shop and incur the cost of maintaining a repair and maintenance facility-a repair facility that must be air conditioned, cleaned, repaired, and for which taxes must be paid. It must pay for its employees to obtain continuing training and certifications. It must purchase the materials, equipment, diagnostic machines, and tools necessary to perform the increasingly complex task of repairing and maintaining cars, trucks, and other equipment in-house. The commercial vehicle owner still must pay the salaries, FICA, health insurance premiums, 401k contributions, and vacation time for each employee it must keep on its employment rolls whether there are vehicles to repair or not. Should a tortfeasor be fortuitously responsible for less than the full, reasonable costs of repair simply because he happened to damage a commercial vehicle whose owner has an in-house repair facility and employees trained and capable of making sophisticated vehicle repairs? (b) But if the damaged property is reasonably susceptible of repair, the owner may recover the reasonable cost of repair, plus the difference between the value of the property before the injury and after the repair, unless the value is enhanced, in which event the increase in value would be deducted from the cost of repair.1 (a) The normal standard of recovery is the difference between the value just before, and just after, the injury. When personal property is wrongfully injured:
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