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frankbo2

Guest
My mother was involved in an accident in which the other driver was given the fault. Her car was totaled in the accident and 45 days later we finally get an appraisal of the damages the other Ins. Co. is willing to pay for the car. This whole time my mother was without a car because she couldn't afford to pay for a rental. Should the other driver's Ins. Co. have to pay for her loss of use? She was without her car for 45+ days in California, isn't she entitled to some extra compensation? If so, what is fair and how do we go about obtaining this compensation?
Thank you
Frank
 


I AM ALWAYS LIABLE

Senior Member
frankbo2 said:
My mother was involved in an accident in which the other driver was given the fault. Her car was totaled in the accident and 45 days later we finally get an appraisal of the damages the other Ins. Co. is willing to pay for the car. This whole time my mother was without a car because she couldn't afford to pay for a rental. Should the other driver's Ins. Co. have to pay for her loss of use? She was without her car for 45+ days in California, isn't she entitled to some extra compensation? If so, what is fair and how do we go about obtaining this compensation?
Thank you
Frank
My response:

Yes, she is entitled to "loss of use" compensation.

That amount can be measured by the cost of a similar car rented from a car agency that rents such similar cars. Obtain a couple of estimates from different car rental agencies, and submit both. The insurance company would be responsible for paying the lower of the two estimates, as long as the daily rate (no insurance or gas charges) is reasonable for the type of car Mom had.

Good luck.

IAAL
 

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