Auto Insurance Claims: loss of use, loss of use


Question
I rented a car and hit some thing Insurance will not pay for Loss of use to rent a car. How do I fine out if Insurance has to pay?
The contract I signed were I rented the car states I must pay Loss of use. they are asking for 18 days loss of use. Can I get in writing proof of how many days vehicle was out of service, due to damages as stated stated in contract?  

Answer
Hello Victoria,

You do not carry loss of use on your policy and this is why the rental company is requiring loss of use?

Well, this is a very hard question and you will have to talk to a lawyer who can see all the documents you singed.

Here is the issue with loss of use for rental car companies.

Loss of use is a concept that applies ONLY if you actually lost the use of a car.

For most people, we only have one car to drive to work, to drive for our families, etc. Rental car companies have many cars at their disposal. The "loss of use" from their perspective is very tenuous.

They would have to show that this vehicle was the "last vehicle" they had to be able to rent it out. In other words, it is very hard for them to argue that they lost the use of a car that was going to be parked anyway.

Rental car companies will refuse to open their books to show you that this was the last car. They will also argue that this was the "last car" for that category, which may or may not be true.

Some go as far as to argue that having the car in their lot serve an advertising purpose as the car makes the lot look like it has vehicles to rent out - a very hard argument to make, but they make anyway.

This is by no means an easy fight! The will send you to collections if you don't pay them. Consider talking to an attorney, if you cannot afford one, consider small claims court.

http://www.auto-insurance-claim-advice.com/small-claims-court.html

Good Luck,
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