Auto Insurance Claims: it is mayhem, diminished value claim, pontiac vibe

Question
My daughter was broad sided by an individual who ran a red light.  The other insurance company has said their client is at fault.  My daughter was taken to the hospital and released thankfully.  Her vehicle was a 2009 crv ex (honda) estimated value at 22,000.  She sustained approx. 15,000 in damages.  Very close to a total loss.  She has been in a Pontiac vibe which the rental is charging as a midsize.  The other insurance company now says they will not pay for a midsize, only an intermediate vehicle???  Is this correct? This rental is not even comparable to what she owned.  Also, can she be a recipient for diminished value claim?  She also had personal ites in her car which were ruined from fluids as a result of the impact(cd's, running shoes, leather computer case) How does she proceed? We live in South Carolina.  Thank You

Answer
Hi Ann,

The insurance company is required to provide you with a "comparable" vehicle. Now the definition of the word "comparable" is where the broblem starts. In som jurisdictions "comparable" means just like yours. In other jurisdictions "Comparable" means one that has the same function and utility. The the later case, the insurance company could put you in the cheapest vehicle thay can find that carries the same number of people and gets you from point A to point B. Unfortunately, I do not know which it is in your state. And I sure you will get many different answers from different people.

Your daughter should take the position that they owe her an equivelent replacement in size, quality, function and utility. She should demand what she wants, understanding she may have to negotiate some.

I hope this helps
Richard Hixenbaugh