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01-20-2009, 05:22 PM
| | Junior Member | | Join Date: Jan 2009
Posts: 2
| | | "Loss of use" and favorite sport
Hello,
My car was recently rear-ended by another driver in California. He admitted 100% fault. My car has a special rack/rigging on which I put my canoe and go out canoeing. The car is not strictly a commuting car.
The rack is custom made and it cannot be transfered to another vehicle, such as a rental.
The car was damaged and it's in the shop getting repaired and obviously I cannot go canoeing, for 21 days now and counting. Can I add this on the claim, that the accident is preventing me from practicing my favorite sport? How do I valuate this loss of use of the car?
thank you |
01-20-2009, 05:34 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,653
| | | You can prove what you paid for the rack, along with the cost to have it replaced. Alternatively, you can get a quote to have it repaired.
You can then seek reimbursement for the lower of those options.
You won't be able to get anything for time away from your favorite sport.
Upon re-reading your post, it doesn't appear that your rack was damaged at all...
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01-20-2009, 05:37 PM
| | Senior Member | | Join Date: Dec 2007 Location: Thebes
Posts: 6,069
| | [quote=Zigner;2151382]You can prove what you paid for the rack, along with the cost to have it replaced. Alternatively, you can get a quote to have it repaired.
You can then seek reimbursement for the lower of those options.
You won't be able to get anything for time away from your favorite sport.
Upon re-reading your post, it doesn't appear that your rack was damaged at all...[/QUOTE]
It sounds like he wants to be paid for not going canoeing ~ that ain't gonna happen 
__________________ Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.  |
01-20-2009, 06:04 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,739
| | | The value of the loss of use of your car is the cost of your rental vehicle. The inconvenience of not going canoeing for a few weeks (in the middle of the winter no less) is not compensable. If they are paying for a rental car, or if you do not NEED a rental car, then they have paid all they are required to. |
01-20-2009, 06:56 PM
| | Junior Member | | Join Date: Jan 2009
Posts: 2
| | | Participating in the sport involves paying for membership fees, equipment, training and paying for water body use permits on a yearly basis. By not being able to participate I feel that I'm at a loss. I'm only asking because I remember reading about this a while back.
Yes, the rack appears to be bent, although it'll be more obvious once the bumper is off the car.
p.s. It's 70 F here in California! |
01-20-2009, 07:02 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,739
| | | You'd have a hard time proving you definitely would have gone during those particular 3 weeks and how often. I still say it's a non-compensable inconvenience. |
01-20-2009, 07:06 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,653
| | Quote:
Originally Posted by m30  p.s. It's 70 F here in California! | Then you're in the cool part of Cali. It's over 80 here 
__________________ *
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic!
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
01-20-2009, 07:40 PM
| | Senior Member | | Join Date: Sep 2008
Posts: 3,742
| | Quote:
Originally Posted by m30 Participating in the sport involves paying for membership fees, equipment, training and paying for water body use permits on a yearly basis. By not being able to participate I feel that I'm at a loss. I'm only asking because I remember reading about this a while back.
Yes, the rack appears to be bent, although it'll be more obvious once the bumper is off the car.
p.s. It's 70 F here in California! | You can try.
Be prepared to explain why you could not have gotten to the water any other way.
Then, be prepared to attach a monetary value to your loss.
What is the going rate per hour for recreational kayaking?
__________________ Quote:
Originally Posted by jdslilangel Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer. | | |
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