Victim's Rights II

[frankbo2]

Originally posted by frankbo2
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?

I AM ALWAYS LIABLE'S 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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The Ins. Co. said that if she did not rent a car they are not going to pay her "loss of use" compensation. Is there any way to get that compensation without taking them to court?

 

[I AM ALWAYS LIABLE]

My response:

Yes.

1. Send Guido to their offices to make them an offer they can't refuse; or,

2. Have an attorney handle this matter to write a letter for you, because this situation is clearly out of your control and knowledge.

The insurance company is not in the business of "rolling over" and paying claims. And, when they do pay claims, their agenda is to pay as little as possible, and to disregard certain other categories of claims, like "loss of use".

It has now gotten to the point where Mom needs representation. Sometimes, court is the only answer, and if you want justice, then that is the only route to take. If you are in the "right", and someone doesn't want to cooperate, then there is no other choice or method.

Call an attorney as soon as possible.

Best of fortune to both of you.

IAAL

[Edited by I AM ALWAYS LIABLE on 02-20-2001 at 08:13 PM]