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So I was rear ended last month while sitting at a red light. Driver and his insurance company both admit fault. His insurance company has been pretty easy to deal with. They are paying for a rental while my car is in the shop. Here's the thing, I have an Expedition. They say they will only pay for a compact car. I carpool with a neighbor and can't even get 3 kids in the back seat of a compact car (2 are in boosters). Is the insurance company obligated to provide me with a car comparable to the one their insured wrecked?
What coverage you select can impact what you would get if filing against your own policy. But in this case where you are dealing with the at-fault party's insurance, absolutely they should provide you with the same class of vehicle.
Hopefully they should help you out with a larger vehicle. It's not like it is a lot more for them to pay. When my last car was hit, insurance paid a certain price for a rental, and I got an Optima for that price. We went on vacation a few days later and I was able to get a minivan for just $14 a day more, which was a bargain for us. We were originally going to take two cars, but all 6 of us fit in the van. You do have a need for a larger vehicle, not just because you want one.
Is the Expedition fairly new? If so, then certainly look into a Diminished Value claim also. It will probably have a Carfax record now, so you should not have to take that trade in hit, but get compensated for it now from the insurance company.
The Expedition is a 2007, so I'm not worried about diminished value. Also, the damage wasn't all the bad. I'm not expecting them to put me in a full-sized SUV for a rental, but I would expect at least a full-sized car, which is a Nissan Altima or Toyota Camry from the rental place.
When I went through this, the other company paid for me to have a rental that was in the same vehicle class as the car that was damaged. Sort of. I have an Audi, they paid for a Ford Focus...which was fine, LOL But size wise it was the same-ish. The rental is supposed to compensate you for the loss of use, if it is not doing so, you need to let them know.
Take the bull by the horns and rent an equivalent. If they don't pay it take them to small claims court. They settle every time. Demand an extra hundred or so for your trouble. They will pay virtually every time.
I love small claims court in these situations. The big guys will virtually never risk the cost and potential publicity of fighting one and losing.
In my case, and yes I had 2 accidents in less than a year, none my fault...just saying "hey, a compact (they initially wanted to pay for a sub-compact) and an Audi are not really the same. I requested that they give me the amount required to get a vehicle that was the same rough size. They were fine with it.
Take the bull by the horns and rent an equivalent. If they don't pay it take them to small claims court. They settle every time. Demand an extra hundred or so for your trouble. They will pay virtually every time.
I love small claims court in these situations. The big guys will virtually never risk the cost and potential publicity of fighting one and losing.
Way ahead of you. Upgraded when I picked up the car and called and left a message for the adjuster. Waiting for him to call me back. My brother and sister-in-law are lawyers, so if the insurance company gives me a hard time, I'll have one of them draft a letter. Usually it just takes the letter to get them to pay.
So I was rear ended last month while sitting at a red light. Driver and his insurance company both admit fault. His insurance company has been pretty easy to deal with. They are paying for a rental while my car is in the shop. Here's the thing, I have an Expedition. They say they will only pay for a compact car. I carpool with a neighbor and can't even get 3 kids in the back seat of a compact car (2 are in boosters). Is the insurance company obligated to provide me with a car comparable to the one their insured wrecked?
Interesting question. The answer is that technically "yes" they should provide you with a comparable vehicle. The damages in this case are for what the law calls "loss of use". If the loss of use is for a vehicle as large as a Ford Expedition a comparable rental should be provided, or in lieu of this, a per diem dollar amount should be given equal to the cost of renting a large SUV during the period that your car is being repaired.
In the real world, it gets a bit more complicated. If his insurer won't provide a comparable rental or pay the correct per diem rental rate there may not be a lot that you can do. I don't know how many days you are talking about. It if is a minimal time than I would simply ask for that per diem amount that they are willing to pay and pay the difference myself to rent a large size SUV. If it is more than a minimal number of days, you could consider a lawsuit in small claims court. A small claims judge would likely enter a judgment for the amount necessary to rent a comparable vehicle during this time period. You would be entitled to rent the vehicle that you need--pay out of your own pocket--and than sue the other driver for the difference between what his insurance will pay and what the cost of the rental really was. Even small claims court though will probably result in you waiting at least six months to get this resolution.
When people get an explanation like this from me, typically they ask: "What else can I do?" The answer is probably nothing, that's about it.
So I was rear ended last month while sitting at a red light. Driver and his insurance company both admit fault. His insurance company has been pretty easy to deal with. They are paying for a rental while my car is in the shop. Here's the thing, I have an Expedition. They say they will only pay for a compact car. I carpool with a neighbor and can't even get 3 kids in the back seat of a compact car (2 are in boosters). Is the insurance company obligated to provide me with a car comparable to the one their insured wrecked?
When I had my MDX and was involved in an accident that was not my fault, they wanted to give me the cheapest rental. I told them that was not an option (since I didn't use my insurance company). I told them that I needed an SUV and ended up with an Explorer for 3 weeks. It helped that the insurer was Avis but definitely don't take just what's offered to you.
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