Auto Insurance Claims: auto loss of use, comparable car, extra insurance

Question
In an accident in my older Mercedes.  It was the other person's fault.  We do not have collision or comprehensive coverage.  1 the other party's insurance will not pay for a luxury car or something comparable to my Mercedes.
2 They will not pay the additional insurance.  I told them we did not have coll. or comp. by choice but now that we have to rent we need it per the rental company.  They said they will not pay for it. 3 They offered to cash is out for 10.00 a day for 3 week repair time.  My questions are aren't we owed a comparable car, don't they owe the extra insurance, we wouldn't need it if not for their client's fault, wouldn't they owe more than 10.00?  

Answer
Hi J,

While the law in most jurisdictions does call for the insurance company to provide a comparable vehicle, most courts have held that comparable means comparable in in function and utility not in stature. So if the car they provide you will get the same number of people from point A to point B, they have met the requirement. Further, again in most jurisdictions, the insurance company does not have to pay for the extra insurance.

As for loss of use; this is a point of negotiation.  I generally advise people to request loss of use at $15.00 per day and then negotiate if necessary. The problem is the if they are not willing to pay it your only recourse is to sue the at-fault person. In most cases the amount of the difference is simply not worth the time and expense of filling a lawsuit.

I hope this helps
Richard Hixenbaugh