Auto Insurance Claims: comparable rental vs. basic transportation, squeeky wheel, party claimants

Question
Do you know of a site that has information regarding all state laws on what is owed for loss of use to 3rd party claimants?   If not, can you tell me if the state of Arkansas requires insurers to pay for a comparable type rental or only basic transportation?  I know the law varies from state to state.  Any help would be appreciated. Thanks

Answer
Hi Nicole,

All states require that you are provided with a comparable vehicle. However, a comparable vehicle is defined as a vehicle that provides the same function and utility, not the same stature. This means that if you drive a 4 door 5 passenger Mercedes-Benz that cost $85,000.00, you are entitled to be put into a rental vehicle that is 4 door and can carry 5 passengers, even if that vehicle is a $20,000.00 Chevrolet.

That having been said, if you drive an SUV or a pickup truck and have specific family or business need for a vehicle of a particular size then you can argue that you need to be placed in a similar sized vehicle.

As long as your request is reasonable it should be met. That does not mean the insurance company will do so easily. You may have to kick and scream a bit. Perhaps you may need to elevate your request to a supervisor or claims manager. Remember its the squeeky wheel that gets the grease.

I hope this helps
Richard Hixenbaugh