Auto Insurance Claims: Rear end collision from drag racers, ford escape hybrid, safety wise

Question
Hi, my wife was involved in a rear end collision last week that involved her
parents and our 1 year old daughter.  Thankfully everyone seems fine. Two
kids were drag racing and one lost control and hit my wife going about 70
mph in a 25 mph zone.  He was cited for reckless driving and racing.  His
insurance company has accepted full liability.  Our car is a 2009 Ford Escape
Hybrid.  Estimated repair costs are $15,000 and they said repairs will not be
done until May.  I don't feel the rental car that we were given is comparable in
safety to our car that was in the accident.  I want something safer for my wife
and daughter.  The insurance company said they will only pay for the car we
were given.  So now our car is in the shop for 6 weeks, that we're still making
payments on, while my wife is in an inferior vehicle (safety wise).  Is there any
recourse with the insurance company to change this?  After all my wife and
daughter were the victims and their client was drag racing.  Thank you for
your time.

Answer
Hi Brian,

The insurance company is required to provide you with comparable transportation. However, most courts have determined that comparable means same function and utility. This means same number of passenger capacity and gets from point A to point B. There is not much you can do except to go ahead and rent what you think your entitled to and then file suit against the at-fault driver for the difference in cost. If you win your case then the insurance company would have to pay the difference. I wish it were easier than that but unfortunately it is not.

You should also keep in mind that with the significant damage to your vehicle it will lose a significant value in the market place due to the collision history. This is called Diminished Value and you are entitled to collect this loss in value in addition to the cost of repairs. Depending on the age and type of vehicle you have the loss in value could be several thousand dollars.

To learn more about diminished value and how to collect it you should visit www.collisionclaims.com

I hope this helps
Richard Hixenbaugh