Loss of Use?

[g-mo]

What is the name of your state? Missouri

This is a follow up to my original post of being rear ended and being pushed into a car in front of me. I only carry liability insurance on my vehicle. The party that hit me had minimal coverage for property damage (10k in MO) and they are refusing to issue me a rental car for the fear of exceeding the 10k in property damage. There were a total of 3 cars damaged in addition to the at fault party. From what a saw, of the 3, my vehicle was the only one with serious damage. Their claims person is stating that they won't be able to do anything until the other damaged parties insurances subrogate the charges to repair the other 2 vehicles. After looking at comparable rental vehicles it looks to be about a $75 a day charge. I contacted their company and was immediately met with we'll only "give you" $25 a day plus tax which I find absurd. I cannot even get the smallest car most rental car companies offer without some sort of discount. Can I legally bill them $75 a day for the loss of use of my vehicle and my inconvenience? Will that amount hold up in court?

Thanks.

[ecmst12]

Nope. You are entitled to basic transportation while your car is being repaired only, not necessarily a "comparable vehicle". My company offers 26.99 per day. And they'll cover the taxes and fees, but not the additional insurance you'll need to get because you don't have collision coverage on your own car - that expense has nothing to do with the accident. You might be able to get the insurance company rates, though, if you tell the rental place that it's related to a claim.

If there is enough money left on the policy after all the repair bills are in, they will consider reimbursing you for REASONABLE rental charges. $75 per day is not reasonable, the most expensive cars enterprise offer are only $60 per day, and that will only be approved if there is a special need (large family for a minivan, or a pickup/SUV for work).

By the way, you can only get reimbursed if you actually rent a vehicle. If it's not an expense you actually incurred, then you don't get reimbursed for it.