Loss of Use and DOV question

[TCA]

Years ago I managed several rental car facilities in FL. The only explination I can perhaps give for the difference in the amonts between the first and second letter is that once the vehicle was looked at by professional it was determined that the vehicle was not repairable and was a total loss. This could be the case if there was damage to the frame that wouldn't be noticable until they attempted to repair the car or if they found more internal damge that would be unsafe of too costly too repair (ie more than the actual value of the car). Many times these cars are leased and owned by a leasing company who may make the determination in the car is in a condition to be repaired or if it is considered a total loss.

As for loss of use this could go either way. I know many rental companies are a franchise meaning that the local owner many own all the vehicles in their fleet and may have a limited number of vehicles, if they can prove that this particular vehicle would have been out on rent had it not been damage they may be able to collect for loss of use, however if they had a cars sitting idle during this time it will be very hard to prove that they actually lost any revenue due to the damage.

As for the rental agreement most are pretty binding and legal regardless of weather the conditions and policies are on the actual agreement that you sign or reffer you to the policies on their folder.

As a side note be very thankfull that you did not hit another vehicle as Amex only covers the rental vehicle not any liability. State laws very and in FL the rental car company only carries the state minimun of 10/20/10. This means that should you hit another person and cause damage or injury above the rental companies basic coverage you may be liable for the difference.

As many have stated I would recomend that you contact a lawyer to help you sort through this.

 

[Lynx 36]

The co. is trying to charge you f/ DOV and loss of use. AMEX won't pay it b/c insurance co.'s don't unless the co. can prove they lost income. Check w/ AMEX to see if they provide an atty f/ your defense. If they don't then get one. That's why I said to get one earlier. Unless you have experience in navigating through this sort of thing then you could be hung out to dry. In FL they don't have a shot in hell of collecting DOV, and won't get loss of use w/o proper documentation.. #1 They're just trying to scare you. Since AMEX won't pay or settle then Budget will sue you not AMEX. Screw em', tell them you'll go to court then. But do not pay these charges.

When you go to court cite the court case I mentioned earlier and explain to the judge that you requested documentation from Budget showing loss of use, and to this date have not received it. Tell the judge that you acknowledge the damage to the vehicle and agree to pay reasonable costs f/ that. Further explain you wanted to settle but didn't want to sign an agreement you didn't think was rair and reasonable b/c of the invalid expenses noted in the agreement. Also ask Budget the formula they used to come up w/ the DOV.

 

[summerholt]

The co. is trying to charge you f/ DOV and loss of use. AMEX won't pay it b/c insurance co.'s don't unless the co. can prove they lost income. Check w/ AMEX to see if they provide an atty f/ your defense. If they don't then get one. That's why I said to get one earlier. Unless you have experience in navigating through this sort of thing then you could be hung out to dry. In FL they don't have a shot in hell of collecting DOV, and won't get loss of use w/o proper documentation.. #1 They're just trying to scare you. Since AMEX won't pay or settle then Budget will sue you not AMEX. Screw em', tell them you'll go to court then. But do not pay these charges.

When you go to court cite the court case I mentioned earlier and explain to the judge that you requested documentation from Budget showing loss of use, and to this date have not received it. Tell the judge that you acknowledge the damage to the vehicle and agree to pay reasonable costs f/ that. Further explain you wanted to settle but didn't want to sign an agreement you didn't think was rair and reasonable b/c of the invalid expenses noted in the agreement. Also ask Budget the formula they used to come up w/ the DOV.

Budget said that since the car is a rental car, it is different to the case of private car, that the court case won't apply. Also they said that "its pre-accident level of performance, appearance and function" can not be done.

Budget claimed that "Loss of Use" is not the same like "Loss of Revenue" and their LOU is a claim for "down time" while the vehicle is being repaired. Which is funny because the car was not repaired.

Could BUDGET be right?

AMEX said that Budget should have repaired the car but chose not to. However AMEX wouldn't acknowledge a total loss based on the damage. Budget is basically saying that since it is a car rental company, it can't use the car after accident at all and had to sell it.

 

[Lynx 36]

Budget said that since the car is a rental car, it is different to the case of private car, that the court case won't apply. Also they said that "its pre-accident level of performance, appearance and function" can not be done.

Budget claimed that "Loss of Use" is not the same like "Loss of Revenue" and their LOU is a claim for "down time" while the vehicle is being repaired. Which is funny because the car was not repaired.

Could BUDGET be right?

AMEX said that Budget should have repaired the car but chose not to. However AMEX wouldn't acknowledge a total loss based on the damage. Budget is basically saying that since it is a car rental company, it can't use the car after accident at all and had to sell it.

Again, they are just trying to scare you. Does AMEX provide an atty f/ your defense? They also cannot legally total a car out unless it falls w/in certain guidlines. For example in my state once the damage is 75% of the overall value of the car it can legally be totalled. If it is not then it can't be. It must be repaired. The range is usually 65-80% depending on the state. How much is the car worth and how much was the estimate?

 

[summerholt]

Thanks Lynx36!

To your question: "How much is the car worth and how much was the estimate?"
Right now, Kalley blue book gives $10,100 for the private party value for that vehicle; even if it were in excellent condition, the value would be $10,840.
Budget claims $17,995 market value with the reason that it was the value to the time of the accident.

To AMEX, Budget claims $6935.01 damage and $3433.59 DOV.
To me, Budget indicates that if I don't pay in time, I might be hold accountable for the $17,995 market value.

I wrote to Budget again asking for evidence to back up their claim of one month LOU and high DOV. I got the answer that they could provide nothing else.

I also sent a letter CMRRR (certified mail with return receipt) today to Budget, stating that I would like to solve the case but I need to know what I am paying for and hence need some more evidence and calculation formular they used to generate the claim amount.

 

[Lynx 36]

Thanks Lynx36!

To your question: "How much is the car worth and how much was the estimate?"
Right now, Kalley blue book gives $10,100 for the private party value for that vehicle; even if it were in excellent condition, the value would be $10,840.
Budget claims $17,995 market value with the reason that it was the value to the time of the accident.

To AMEX, Budget claims $6935.01 damage and $3433.59 DOV.
To me, Budget indicates that if I don't pay in time, I might be hold accountable for the $17,995 market value.

I wrote to Budget again asking for evidence to back up their claim of one month LOU and high DOV. I got the answer that they could provide nothing else.

I also sent a letter CMRRR (certified mail with return receipt) today to Budget, stating that I would like to solve the case but I need to know what I am paying for and hence need some more evidence and calculation formular they used to generate the claim amount.

If it is totalled you are required to pay retail value, not market value.

 

[summerholt]

DOV is assessed by Vehicle Valuation Services

Budget sent me an assessment made by Vehicle Valuation Services (www.v-v-s.com) on September 17, 2004. In that assessment VVS listed the following (that I don't understand)

Individual Rating Modifiers
Value: 1.50
Vehicle: 2.50
Repair: 2.00
Parts: 825.00
Labor: 1,425.00
Supplies: 39.06
DV Rating: 2,289.06
DV Factor: 1.50
Diminished Value Amount: $3,433.59

Have you ever heard of this valuation service? Am I required to pay this amount because a valuation service said so? Also since the car is sold I can't send my own evaluator to look at the car and judge whether the amount if fair or not.

(Here is the "Modifier Rating Guide" which doesn't help me to understand the values at all:

Value: Overall rating of value, including improvements and prior diminished value.
Vehicle: Overall rating of quality, including age, mileage, class and condition.
Repair: Overall rating of repair, including cost, repair percentage and impace area.
Parts: Overall parts rating.
Labor: Overall labor rating, including body, paint, mech/elect, frame and structural.
Supplies: Overall rating of supplies and other costs.

DV rating: Sum of parts, labor and other ratings
DV factor: Average of value, vehicle, repair and supplement ratings.
)

 

[Lynx 36]

Budget sent me an assessment made by Vehicle Valuation Services (www.v-v-s.com) on September 17, 2004. In that assessment VVS listed the following (that I don't understand)

Individual Rating Modifiers
Value: 1.50
Vehicle: 2.50
Repair: 2.00
Parts: 825.00
Labor: 1,425.00
Supplies: 39.06
DV Rating: 2,289.06
DV Factor: 1.50
Diminished Value Amount: $3,433.59

Have you ever heard of this valuation service? Am I required to pay this amount because a valuation service said so? Also since the car is sold I can't send my own evaluator to look at the car and judge whether the amount if fair or not.

(Here is the "Modifier Rating Guide" which doesn't help me to understand the values at all:

Value: Overall rating of value, including improvements and prior diminished value.
Vehicle: Overall rating of quality, including age, mileage, class and condition.
Repair: Overall rating of repair, including cost, repair percentage and impace area.
Parts: Overall parts rating.
Labor: Overall labor rating, including body, paint, mech/elect, frame and structural.
Supplies: Overall rating of supplies and other costs.

DV rating: Sum of parts, labor and other ratings
DV factor: Average of value, vehicle, repair and supplement ratings.
)

Never heard of it. Sounds like it is some appraisal obviously.