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  #1  
Old 06-21-2005, 05:59 PM
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Join Date: Jun 2005
Posts: 1

DOV and loss of use on rental car


What is the name of your state?Colorado

I was involved in an accident several months ago in which my vehicle and another vehicle hit a patch of ice. We were in a winter weather advisory but the other party insisted on a police report as they were from out of state.
They were also driving a rental car. I received a letter from a claims company representing the rental agency. They are pursuing a claim against me for loss of use (9 @ 99.95) and diminution of value fee and an administration fee none of which my insurance will cover.
Based on what I have read this is a hotly disputed matter.
I just would like to know the consequences of this matter as I have talked to my insurer and they told me they would be happy to pay the claim if the rental agency provides proof of actual loss.
My understanding is that they may not have to prove this. Is that correct? Can they legally come after me based on a vague police report assigning the fault to me even though there were no citations issued and neither party knew who contacted whom? The rental agency is in Texas, The claims management company is in Texas and I live in Colorado where the accident took place. The claims are almost as much as the damage and there was no damage to my vehicle...
Help...
  #2  
Old 06-21-2005, 06:45 PM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,568
Quote:
Originally Posted by kips1961
They are pursuing a claim against me for loss of use (9 @ 99.95) and diminution of value fee and an administration fee none of which my insurance will cover.
Your insurance should cover the loss of use.... if they can prove their claim. Ask the rental agency to provide PROOF of their 'inventory' usage. As for the claim for diminution of value, it appears that Colorado allows that claim.
Colorado
In Hyden v. Farmers Insurance Exchange, 20 P.3d 1222 (Colo.App. 09/14/2000) the Colorado Court of Appeal held “that when an automobile insurer promises to provide an insured with a vehicle ‘of like kind and quality,’ the insurer must provide the insured, through repair, replacement, and/or compensation, the means of acquiring a vehicle substantially similar in function and value to that which the insured had prior to his or her accident.”

Provide the above to your insurance company as they should cover this also.

No one can answer as to the 'administrative fee', as you don't detail it.
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