QuestionI was his by another car back in June and My car was in the shop for 45 days. The other insurance company did not claim 100% liability until after the car was out of the shop, so I did not have the money to put up front for the rental car. I believe I am intitled to loss of use for all 45 days. They gave me an offer for only 29 days and low balled me on 25 dollars a day where if i got a rental car it would have been at least 35. What should I do and what would be a fair offer for me to take. Thank you
KEN
AnswerHi Ken,
Loss of use is a compensable item for the tortfeasor's insurance to pay. However, it has to be reasonable in terms of both timing and amount.
It seems like 45 days is a very long time for a vehicle to be in the shop. Ultiimately, the choice of the shop is yours. Is the tortfeasor supposed to pay for a rental if it takes 4.5 months, 4.5 weeks, or 45 days? Where does one draw the line on what is reasonable.
I would look at the kind of damage that was caused by the tortfeasor and that would be my guide. If the car had to be basically rebuilt, then, yes, they should pay for all the time it took.
But if you took your estimate to a couple of other shops and they estimated 15 days to 35 days, then 29 days would be reasonable.
What if your shop was already two weeks behind in its work? Or what if the parts took three weeks to arrive?
The tortfeasor should not have to pay for delays due to getting parts or due to over-burdened workload at the collision repair shop.
What about the rate? Should you get a rate for a middle of the road car, or can they insist on a small car rate?
I drive a Cadillac, so I insist on getting a better rental than bottom of the line. I would match up your car size with the corresponding rental car size and go for that.
Another issue that they will raise, but which you can shoot down, is that you did not actually incur any expenses whatsoever. Tell them to go pound sand on that one. They OWE YOU THE MONEY even if you did pay for a rental car.
SO YOU NEED TO DO YOUR HOMEWORK ON THE APPROPRIATE RENTAL RATE AND THE AVERAGE TIME OTHER SHOPS WOULD HAVE TAKEN. Then put it in WRITING ONLY, and send it in. Here is some good info on that topic.
FINAL TOPIC: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the feedback form on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
