Auto Insurance Claims: Auto Accident-Rental Car, Auto Accident-Rental Car, damages

Question
I was in a accident on Feb 22, 2009.  I drive a 2007 Dodge 3500 truck cab & chassis with a flat bed.  I use this vehicle for work.  The insurance company would only rent me a SUV.  Am I entitled to recoup the difference between the rental cost and what it would have cost to rent a comparable vehicle? I did take the SUV, but could not use it in my business.

Answer
Well D.

The answer is maybe.

Who are you recovering against. Your own insurance company or the insurance company of the person that hit you?

If you are going against your own insurance company, you are probably left without complete recovery. You are bound by the policy and they probably have limits to certain type of vehicle and/or expense (SUV). For more information about this, please see:

http://www.auto-insurance-claim-advice.com/rental-car-claim.html

However, if you are going against the other insurance company, you have a right of indemnification: The right to be put back in the position you were before the accident.

The insurance company did not give you a 3500 truck flat bed, then you are owed the difference. HOWEVER, the problem for you will be to show your actual loss.

Remember that you have a duty to show your damages. This is not simply pointing to the car you had v. the car you got, but the damages that this caused you or your business. In other words, you must show that not having the flat caused you X dollars because you lost a job, bid, or you were unable to finish a job on time.

This brings a second issue for you. The duty to mitigate your damages. please see: http://www.auto-insurance-claim-advice.com/Mitigation-of-Damages.html

If you can show that you actually lost money, then you will be partially responsible because you had a duty to minimize the loss. How? You would have to rent a flat bed and then submit the receipts to the insurance company. They would have to pay for them. You showed the actual need and the possible loss, but at the same time, mitigated your damages.

At any rate, you can make the argument and try to get indemnification and see how it goes.

Good Luck
Anne
http://www.QuirogaLawOffice.com