I got hit pretty hard yesterday by a 2004 silverado. I think the truck had more damage than my car somehow. Its gonna be a few thousand to repair but I don't have to worry about any of the expenses. I was wondering though am I entitled to a rental car? My car will be in the shop a week or two and I don't have a ride so should the lady who hit me insurance pay for it?
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fastTa
I had my 97 WS6 for 4 days and a guy in a Jeep Wrangler hit me in the passenger door, destroying the door. That same day I called his insurance co. from the body shop where my car had been towed. I then was told he had insurance but not rental car coverage for him or people he decided to hit. I demanded that they pay for a rental car immediately as it was my only car at the time. Within one hour Budget had a Grand Prix at the body shop for me. You really just have to put your foot down, and if that doesn't work, put it somewhere else!
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insurance
every state has there own laws and case laws. In Oklahoma there are state laws addressing car rental but there is court case law and it states that an insurance company owes for a car rental for teh time it physically takes to repair your vehicle. THis does not includefor your turn in line to get your car repaired or
on parts to arrive. If they pay for rental for these times it is considered a common courtesy.
THIS IS VERY NEW IN OKLAHOMA AND MAY BE IN YOUR STATE (sorry for the caps but insurance is boring and I want to make sure everyone knows this)
In the state of Oklahoma you are intitled to dimunition of value. In other words you are entitled to the amount of money that you lost because your car was wrecked and it was devalued. IE if you have a 96 T/A that has been wrecked and repaired sitting next to a 96 T/A with the same options and mileage but has not been wrecked which one would be more valuable? A car that may experience problems from an earlier accident or a car that has not been hit?! You now have a car that has lost value and usually that amount is in the low thousands. IN Oklahoma dimunition only applies to third party claims (you struck by another driver who was at fault) but it is excluded as a coverage on first party claims so you are not entitled to dimunition of value if you wreck the car yourself or if it was hailed on.
Georia law covers both first party and third party claims. Illinos has this too but I am not aware of their laws and I am sure there are more states that this applies to. Please contact your state insurance commission to see what laws or case laws apply to this matter and make sure you get all that you are entitled to.
(man I thought I only worked 5 days a week. haha, just kidding, I like to help people with things like this because I hate seeing people being taken advantage of.)
If you have any questions email me and I'd be willing to discuss it with you.
Jason
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