aren't i entitled to a rental car?

[brando2be]

What is the name of your state? OREGON

i was in an auto accident and the other driver was 100% at fault, which she admitted completely. her auto insurance co. took my statement today, but adjuster hasn't determined liability "yet". due to the damage on my car, i have already been set up w/ a rental car. the rental i was given isn't anything near my car that's currently in the shop. i have a '94 lexus ES300 and i was given a buick century to drive. due to my profession, i am in contact w/ business owners and clients on a daily basis and i feel i should be given a car that is similar to the one in the shop. what are my rights? thanks so much!

[jcook7066]

Liability gets to be a tricky issue but it would seem you will eventually "win" and be awarded a rental car and get yours fixed. As for your rental car, I am not sure of the law in Oregon, but I would say with great confidence that all you are owed is transportation.

A Buick is not the status symbol a Lexus is, but it is certainly a nice car and would present the image you need in your occupation. Bad news is there is not much you can do. Good news is that had this been your fault, your own rental reimbursement (if you have purchased one) endorsement probably wouldn't get you nearly the car you are getting right now.

[Who's Liable?]

My GF works for Enterprsie Rent-a-Car, so this advice is for dealing with them, but many rent a car places follow the same rules...

You are only entitled to adequate replacement transportation, which in most cases is a vehicle that is in a class lower then yours... Meaning that if you own a full size car, you will get a mid-size rental and will have to pay the difference for the full-size if you want it, Unless you can prove that you need the full-size... To make it clear, the Insurance Company dictates what car they will pay for, and not the rental agency... A buick Century is in the class lower than a Lexus ES300, which is in the luxury class... Of course this is also assuming that the other person is found to be at fault, and you are going through their Insurance Company.

If you are going through your own Insurance, they will only pay whatever your policy covers... Rememeber when your Ins. asked you how much you wanted for rental coverage? That is the max on what they will pay per day for the rental car... So if you were cheap and only wanted the $20/day policy, your insurance will only pay $20.00 per day for the rental car... If you want that luxury class car that is $40/day, you will have to cover the difference... There is usually a 30-day max coverage that the Insurance Companies will provide...

Just because you own an SUV or a Luxury car does not mean that you are entitled to a vehicle of equal value/status...

Plus for a 94 Lexus, you are lucky you got a Buick instead of a Pontiac Grand-Am... Insurance companies also look at the year your car is to determine rental replacement...

This also is all contingent on who is found at fault... Basically, if they are at fault, then their insurance company should pay for your vehicle. If you are found at fault, you will have to pay for you rental coverage...

Just because they set you up with a rental does not always mean they will pay for the whole thing. Insurance companies sonmetimes send a message to Enterprise saying that two weeks ago was the last day they are going to pay for your rental and even though they never notified Enterprise or you, you (or your ins) will be responsible for those two weeks of rental. It doens't happen all the time but pops up in those undetermined liabilty cases. If it does, please don't yell at the rental company, it is not their fault!!!

Good Luck!!



Good Luck!

[Lynx 36]

What a crybaby! An 04 Buick is is certainly a comparable car when compared to a 10 yr old Lexus. I've never known any rental car company to rent a Lexus in the first place. They will rent a Caddy but she isn't entitled to that. Sorry but your old Lexus isn't worth that much anymore.

[Who's Liable?]

They might have meant 04, as the '0' and '9' are next to each other. And no, Enterprise does not rent Lexus, but they do have Caddies and Lincolns... Another thing is that people think that there is a state law that requires them to have an equal vehicle, but most if not all states only require "reasonable" transportation. That might be a Dodge Neon if that is the only vehicle on the lot... Also people need to realize that Car Rental companies are not an extention of the Insurance companies. They are two separate businesses and will treat each other as a separate business...

Most people think that no matter what happens, the Insurance company will pay the bill, and that is that... This is not true, and mostly happens when the at fault person's insurance company is paying the bill... If the insurance company will only pay for 7-days, and you need the car for 10-days because yours is still in the shop, YOU will have to pay the extra 3-days... If you hold on to the car, the rental car company can and will report is as stolen. This happens more then people think...