Auto Insurance Claims: small claims court, small claims court, driving car


Question
I was involved in a no fault accident in November of 2007 Allstate Ins. has deemed my car a total loss, they claim damage of $4600.00. However, I had my car repaired in December of 2007 for $2100.00 and have been driving car since without any problems. The reason I decided to repair car was that we couldn't agree on value vs. damage on car. I'm preparing to go to small claims court and want to know if I can ask for compensation for the 21 days I was without a car. Allstate only provided me with rental for three days. What does the term loss of use mean? I live in California. Please be specific.

Answer
Hi Jerry,

Yes you can ask for loss of use. Loss of use is simply that; the loss of use of your vehicle due to the accident. You are generally entitled to either a rental car or a payment for the loss of the use of your car. A loss of use payment would generally be about $15.00 per day.

I hope this helps
Richard Hixenbaugh