Auto Insurance Claims: What are my rights?, diminished value, insurance info

Question
Recently a neighbor backed into my brand new parked car instead of his driveway.  He gave me his insurance info and I reported the claim.  It turns out we both have the same insurance companies.  I am really upset that a new car (purchased 3 months ago) has sustained damages.  What I want to know is what rights do I have in going about a resolution?  I know I can get it repaired by a body shop of my choice but I'm not too keen on repairing and then using a car that has been hit through no fault of my own.  Repairs are rarely the same as new and I see no reason to be subjected to this as it would eventually cause me loss when I try to sell it. Can I demand to the insurance company to replace my car?  I will lose a couple of days in wages in trying to sort this out.  Do I have the right to get reimbursed?  What about for time lost and inconvenience?  Car rental?  What other rights do I have?  What is the best way to handle this?  Please HELP!

Answer
Hi Pam,

You can not ask for a new car. The insurance company is responsible for paying for the cost of repairs, a rental car during repairs, as well as payment for your time to deal with the situation. This would include the time spent dealing with the insurance company, obtaining estimates, etc. You will need to document your time in detail. The amount you can charge for your time is not necessarily what you earn on your job but instead what you could hire someone else for to do it for you. Since we are talking about primarily clerical type work, you should charge about $15.00 per hour.

If the cost of repairs is more than say $2,500.000 you should also make a claim for the diminished value of your vehicle.

I hope this helps
Richard Hixenbaugh