What is the test for just compensation for damages caused by a motor vehicle accident?

California, United States of America


The following excerpt is from Community Redevelopment Agency of City of Los Angeles v. Abrams, 116 Cal.Rptr. 308, 41 Cal.App.3d 608 (Cal. App. 1974):

The fundamental issues for the courts in these cases are simply whether a property right has been taken or damaged and the value of that private property right as of the time of the taking or damaging. Just compensation means the full and perfect equivalent in money of the property taken or damaged. Its owner is to be put in as good a position pecuniarily as he would have occupied if his property had not been taken or damaged. (United States v. Miller, 317 U.S. 369, 373, 63 S.Ct. 276, 87 L.Ed. 336.)

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