Entitled to car rental but I do not rent a car, can I claim money for rent allowance?

[questionforu2]

What is the name of your state (only U.S. law)? California

The other party's insurance accepted liability, repair time is estimated to be 3-4 weeks.

I am entitled to rent a car but if I do not rent a car, could I claim those rental cash allowance?

 

[davew128]

Why would you not want transportation? Regardless, don't you think you should ask the insurance company this question?

 

[questionforu2]

Insurance company may deny I have this right but what does the law or case law says on this issue?

What is the correct terminology for this? Loss of use allowance?

 

[Zigner]

Insurance company may deny I have this right but what does the law or case law says on this issue?

What is the correct terminology for this? Loss of use allowance?

The insurance company will pay for you to rent a car. They won't pay for you to not rent a car.

 

[Zigner]

I am curious...what kind of car is is that 3-4 weeks in the shop isn't enough to total it?

 

[justalayman]

Insurance company may deny I have this right but what does the law or case law says on this issue?

What is the correct terminology for this? Loss of use allowance?

. You get paid for your damages and if you do not rent a car, there are no damages to be paid for, at least regarding a car rental fee.


that doesn't mean you can't ask for them but I'm pretty comfortable saying they will tell you to go away, you aren't getting it.

 

[Zigner]

With that said, here in CA, I HAVE seen a person successfully obtain "rental" reimbursement after a vehicle accident when that person used his own, secondary vehicle while the other vehicle was being repaired. Of course, the vehicle involved in the accident was a relatively new high-end car (think $100k+ 15 years ago) and the replacement used was also a similarly high-end car. As I recall, the daily reimbursement was along the lines of $40/day, which was more than normal, but still a LOT less than had an actual rental vehicle been used. Also affecting things was that this was through a local self-insured utility company, not an actual insurance company.

 

[questionforu2]

. You get paid for your damages and if you do not rent a car, there are no damages to be paid for, at least regarding a car rental fee.


that doesn't mean you can't ask for them but I'm pretty comfortable saying they will tell you to go away, you aren't getting it.

I would be submitting a loss of use claim?

 

[davew128]

I am curious...what kind of car is is that 3-4 weeks in the shop isn't enough to total it?

Had it happen to me 5 years ago. Parked car was hit from behind from a t-bone accident on the street, tow truck driver decided to toss my torn off bumper cover through the shattered rear window tearing up the interior. It was the additional interior damage that caused the additional repair time, and the total repair cost was more than the FMV of the car but a good sell job about the importance of the vehicle kept them from totaling it.

 

[Zigner]

I would be submitting a loss of use claim?

No - you would need to show actual damages. IE: That you PAID money for a rental car.

 

[justalayman]

I would be submitting a loss of use claim?

Ya, I read the first time you wrote it,

 

[ShyCat]

It depends on your auto policy and what coverage you paid for. Our auto policies include a "Loss of Use" rider that paid us a set amount per day towards a rental car, even when we didn't bother to rent a car.

 

[Zigner]

It depends on your auto policy and what coverage you paid for. Our auto policies include a "Loss of Use" rider that paid us a set amount per day towards a rental car, even when we didn't bother to rent a car.

It doesn't matter at all what the OP paid for insurance-wise. The OP is going through the other party's insurance.

 

[ecmst12]

DH just got his car back yesterday after he got caught in a hail storm. Almost $10k in damage an 5 or 6 weeks to repair. No total, he has a 2012 Nissan Rogue.

 

[LdiJ]

It doesn't matter at all what the OP paid for insurance-wise. The OP is going through the other party's insurance.

I got paid for the daily insurance rate for a rental car when I borrowed my mom's extra car instead. It was State Farm Insurance. My car also took over three weeks to fix, but that was partially due to being in line and also a wait for parts.