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But, I just want to provide some clarification here as there is A LOT of bad advice from internet lawyers here and I want to clear this up in case someone ends up here on a google search as this is pretty high on the results list.
First, my qualifications. I work in claims and have done so for years. I cover several states in the midwest and while laws are different everywhere, that's exactly the issue.
Now, the answer is emphatically NO, the insurance company is NOT legally obligated to provide you with a "comparable" vehicle unless you live in the great state of California (and potentially others I just have not come across them).
Again, I work in three snow covered states in the upper midwest and all we LEGALLY owe for is "basic transportation." That's simply the law, dont like it, write your legislators because that is where it comes from. You had "a" vehicle and we only need to provide you with "a" vehicle. That satisfies the loss of use claim. If the laws in your state are similar then no letter from some family friend lawyer will change that and they'd probably even tell you the same thing before embarrassing themselves by putting their name on a letter demanding something you're not entitled to.
I see a couple people offering anecdotal evidence about how they "won" and "got" the insurance company to upgrade their rental. Did they find out some secret? Did they say some magic legal hokus pokus to make the adjuster cave and click some secret "he knows" button?
No. Come on, we're adults, that doesn't make sense. Yes, I "can" upgrade anyone. I can put you in a Corvette if I WANT to. And that's what happened, most insurance companies give their adjusters the DISCRETION to upgrade rentals but no one, again unless you live in CA, is OBLIGATED to. Of course if you either ask nicely (what works with me) or throw a temper tantrum and demand things (what you guys probably did) the adjuster may just click the buttons because it ends this annoying and stressful phone call among the many we will answer that day. Seriously you people drive us to drinking, but I digress.
So, in closing, anyone reading this forum because they got here on a Google search, all of the above is horrible, incorrect, and anecdotal stories from people who got angry enough and managed to get their rentals upgraded. Or worse, just blatant speculation suggesting it would A) be worth going to small claims court and B) you'd win some judgement over the $10/day difference. There's also people here, and people I've dealt with, who just upgrade themselves assuming they'll "get us to pay for it." Guess what, you're not the first person to do that and you just made sure you're going to have out of pockets on this accident because if I don't want to pay that, I'm not going to. Please don't roll the dice like that because you'll be on the hook for it. You can't just demand someone else pay bills for you even if you're not at fault. As a claims professional, it's all just laughable and horrible advice.
So, want an upgrade? Here's what works, and doesn't work, for me at least.
1. "I can't fit in a compact."
No, sorry, unless you play basketball you're NOT "too tall" to fit into a compact car. Compact cars are 4 door cars and the only thing "compact" about them is the engine and engine bay as well as the trunk. That's it. Using this card is only going to generate an eye roll from your adjuster because we hear it all day long. And sorry, you're not that tall. You'll be fine.
2. "I use my vehicle for work."
Do you use the vehicle for work? For instance you make deliveries or have a GENUINE need for a larger vehicle. Careful, I ask for proof so dont think you can get away with anything.
3. "I have 20 kids!"
If I see someone has a large SUV or minivan I'll usually try to determine the kid's ages and get them into something a little larger. You probably won't get an Expedition but I'll get you a large sedan.
Those are really the only reasons I upgrade people, GENUINE needs for a larger vehicle not just you are acting like an entitled brat and want something larger during your 3 day repair.
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.
Was that the only vehicle you had access to? If that was your only vehicle then our experience would not parallel yours.
In our accident the at fault driver's insurance company brought up a rental car. From what I recall there was no discussion about type of vehicle. We simple asked if they could offer a daily amount and we get by with our other vehicle. They offered $25 a day and we took it as being reasonable. I'd assume a rental car would have cost more so that daily amount saved them a few dollars. Simple discussion and result (and the type vehicle they would have offered or the type vehicle we'd have asked for never entered the conversation).
Was that the only vehicle you had access to? If that was your only vehicle then our experience would not parallel yours.
In our accident the at fault driver's insurance company brought up a rental car. From what I recall there was no discussion about type of vehicle. We simple asked if they could offer a daily amount and we get by with our other vehicle. They offered $25 a day and we took it as being reasonable. I'd assume a rental car would have cost more so that daily amount saved them a few dollars. Simple discussion and result (and the type vehicle they would have offered or the type vehicle we'd have asked for never entered the conversation).
yes, this is typically called "cashing out" the rental which most of us can do. Honestly, it doesn't save the company THAT much, it's really more for convenience for you, I know, shocking.
For example, I have a car and a motorcycle. If I was in an accident with my car I'd take the cash and ride my bike. It's just another option.
1. "I can't fit in a compact."
No, sorry, unless you play basketball you're NOT "too tall" to fit into a compact car. Compact cars are 4 door cars and the only thing "compact" about them is the engine and engine bay as well as the trunk. That's it. Using this card is only going to generate an eye roll from your adjuster because we hear it all day long. And sorry, you're not that tall. You'll be fine.
Actually the compact class refers to interior volume. Nothing to do with the engine. And at 6'7(and not playing basketball) I have had several cases where the rental agency called up the insurance and said we can't stuff this guy in a compact and gotten an upgrade that way. Even though I actually prefer small hatchbacks. A Mini Cooper gives me more leg room than many full size vehicles. But the Mini is usually in some "premium" category despite its size in rental fleets.
Quote:
Vehicle size classes by U.S. Fuel Economy Guide for sedans
Class Interior combined passenger and cargo volume index in cubic feet (liters)
Minicompact < 85 (2407)
Subcompact 85–99.9 (2407–2831)
Compact 100–109.9 (2832–3114)
Mid-Size 110–119.9 (3115–3397)
Large ≥ 120 (3398)
Vehicle size classes by U.S. Fuel Economy Guide for station wagons
Class Interior volume index in cubic feet (liters)
Small < 130 (3681)
Midsize 130–160 (3681–4531)
Large ≥ 160 (4531)
Actually the compact class refers to interior volume. Nothing to do with the engine. And at 6'7(and not playing basketball) I have had several cases where the rental agency called up the insurance and said we can't stuff this guy in a compact and gotten an upgrade that way. Even though I actually prefer small hatchbacks. A Mini Cooper gives me more leg room than many full size vehicles. But the Mini is usually in some "premium" category despite its size in rental fleets.
Yeah 6'7" might be a bit much but you know the point I was making. You're far taller than the rest of the population. 99% of the people reading this are under 6'
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