Diminution of Value of Rented Car

u00htg2 · #1 03-19-2005, 07:15 PM

What is the name of your state?What is the name of your state? I live in IL but the accident happened in NE.

I rented a car from Thrifty in Nov 2004. One day I slid and went into a ditch. The front bumper was totally damaged and there was some damage to the back bumper. Thrifty has contacted me through a subrogation company. I have Geico insurance and they paid for most of the damages. However, there was a charge for diminution of value, approx $3K. Geico has refused to pay and told me that if Thrifty sue, Geico will represent us in court. I feel the charge is unreasonable given the fact that they already charged us (and Geico has paid) $6K to repair the bumpers, replaced the radiator, and paint job. The subrogration co. has written me a letter asking for payment and that if I don't pay, they will take me to court and I will be liable for all legal fees, etc. that they incur

What is the ruling for diminution of value in NE?
If they take me to court, am I liable for their fees?
What should I do next?

Thanks in advance to anyone who responds!

Lynx 36 · #2 03-21-2005, 08:16 AM

Quote: "What is the ruling for diminution of value in NE?"

Couldn't find a precedent f/ a case.

Quote: "If they take me to court, am I liable for their fees?"

Your insurance co. will defend you and pay the fees.

Quote: "What should I do next?'

Let your insurance co. handle it. Give them copies of any documents you are sent pertaining to this. There is a reason they aren't paying this.

u00htg2 · #3 03-21-2005, 11:09 AM

Well, I kinda left out some minor issues. There's also a charge for management fee ($500) and loss of use ($700). I haven't paid because I want things to be setttled first between the subrogration co and Geico and I'm not sure I agree with these charges. Now I'm wondering should I pay or not pay these additional charges? If they going to take us to court, I don't see the point of paying anything yet, unless we settled for maybe 1/2 what they wanted for management fee and loss of use.

What y'all think?

Lynx 36 · #4 03-21-2005, 11:43 AM

Quote:

Originally Posted by u00htg2

Well, I kinda left out some minor issues. There's also a charge for management fee ($500) and loss of use ($700). I haven't paid because I want things to be setttled first between the subrogration co and Geico and I'm not sure I agree with these charges. Now I'm wondering should I pay or not pay these additional charges? If they going to take us to court, I don't see the point of paying anything yet, unless we settled for maybe 1/2 what they wanted for management fee and loss of use.

What y'all think?

Rental car co.'s are the ones that always try and claim this. I don't pay management fees, loss of use, or diminished value. I let them take me to court if they want. To this date, none ever have. You are only required to pay to fix the car or if it's totalled, to give retail value.

u00htg2 · #5 03-25-2005, 05:50 PM

Lynx 36, did you work for an insurance co.? Your co. might not have been sued, but were your clients sued? Also, can they give this to a collection agency and mess up my credit report? They have my name and address, but I don't think they have my social security #.

I got another letter from the subrogation co. yesterday to pay up or they going to give this case back to Thrifty and they're going to recommend to Thrifty to sue us or give our case to a collection agency to pursue.