Auto Insurance Claims: Auto Claim, audi a8, comparable vehicle

Question
Hello.  

Sorry, I'll try to be brief.  

I'm a GA resident who was involved in an auto accident in SC.  The other driver was at fault and his Insurance company (Omni/Hartford) has confirmed this.  

We received a letter and estimate from Omni yesterday.  The letter contains some recos to mitigate costs that seem reasonable but also includes the following:  "OMNI WILL CONSIDER RENTAL REIMBURSEMENT ONLY AT 27.99 + TAX PER DAY.  ANY GAS MILEAGE, AND ADDITIONAL INSURANCE FOR A TEMPORARY, COMPARABLE VEHICLE WILL NOT BE COVERED."

If it were not for the fact that the car is my wife's full sized, safe car (Audi A8) who's pregant with twins and happens to use the car to haul our daugher around, I wouldn't be to concerned.  But given that 27 bucks equates to Yugo-sized car, I'm quite concerned.  This does not seem fair.

Also, the Estimate includes the following text:  "THIS ESTIMATE HAS BEEN PREPARED BASED UPON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. "

Do I have to accept this?

Any help would be much appreciated.


Answer
Paul,

You do not have to accept anything less than what you had prior to the accident. The at fault party and their insurance carrier is bound to make you whole. Of course, like anything else, this is subject to what is reasonable and possible. Finding an A8 to rent while your car is being expertly repaired may be difficult, so some compromise may be in order in the interest of being reasonable.

As far as non-OEM parts being used on your car, you do not have to submit to that. It is your car and you can have it repaired by whomever you like and to your specifications, not those of the payer.

The at-fault party's insurer may resist you somewhat in your demands, so you may have to sue their insured to get what you have coming. When they understand you are willing and determined to do this, they may change their tune.