997 in accident, what is insurance obligated to pay for "loss of use"?
#1
Rennlist Member
Thread Starter
997 in accident, what is insurance obligated to pay for "loss of use"?
I have a 2005 C2S with 30k miles. Car is in perfect condition, until I was rear ended. Had to replace rear bumper and other parts ($4k). Car was in the shop 20 days, and I decided to just use another car that I own instead of renting another. I have been told that I have a right to a "loss of use" for reimbursement for my car being in the shop. obviously I can't find a 997 to rent, not even in Newport Beach, but enterprise rental does have a luxury division. For 20 days, a newer (assuming it is a 991.1 or .2 non-S), it shows $9777 and a Cayman (assuming it is a non-S) is about Half that amount. I have left Mercury insurance several msgs and I finally got a call back saying that they are paying me $20 a day for loss of use. As I look online, a normal car, $30 a day is fairly customary, but that I do have the right to get more based on the car. That being said, I don't expect to get $9777 (although an argument could be made that I could be a jerk and demand that). A friend of mine who has a body shop, before I was even offered the $20 price, told me to demand at least $60 a day.
Anyone else deal with this kind of situation and how to deal with it?
Anyone else deal with this kind of situation and how to deal with it?
#2
Race Car
A "loss of use clause" has to be part of your insurance.
It's not normally automatically included and if it is, I'm not aware of it including a second car you might already own.
Also, in most cases, it's for a vehicle of equal to or lesser NOT greater value.
Best get that clarified with your insurance company or read the fine print in your policy.
It's not normally automatically included and if it is, I'm not aware of it including a second car you might already own.
Also, in most cases, it's for a vehicle of equal to or lesser NOT greater value.
Best get that clarified with your insurance company or read the fine print in your policy.
#3
Burning Brakes
#4
Rennlist Member
Thread Starter
A "loss of use clause" has to be part of your insurance.
It's not normally automatically included and if it is, I'm not aware of it including a second car you might already own.
Also, in most cases, it's for a vehicle of equal to or lesser NOT greater value.
Best get that clarified with your insurance company or read the fine print in your policy.
It's not normally automatically included and if it is, I'm not aware of it including a second car you might already own.
Also, in most cases, it's for a vehicle of equal to or lesser NOT greater value.
Best get that clarified with your insurance company or read the fine print in your policy.
#5
Burning Brakes
I went through the same. My wife worked as an adjuster for Allstate and other companies and she told me the same about a rental car of equal value. They didn't have a car that matched my Porsche so I took the best car they had on the lot. It didn't bother me much as long as my car was getting fixed by a Porsche certified repair body shop. I suggest you get the loaner and drive it until your car is repaired. Let it go regarding a car of equal value to be given to you. It isn't worth fighting over.
#6
Rennlist Member
Thread Starter
I went through the same. My wife worked as an adjuster for Allstate and other companies and she told me the same about a rental car of equal value. They didn't have a car that matched my Porsche so I took the best car they had on the lot. It didn't bother me much as long as my car was getting fixed by a Porsche certified repair body shop. I suggest you get the loaner and drive it until your car is repaired. Let it go regarding a car of equal value to be given to you. It isn't worth fighting over.
#7
Race Car
prior to it happening as in a rental situation, they would be presented a bill for the rental.
If you didn't get it in writing stating what the daily charges would be, I'm thinking you're out of luck.
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#9
RL Community Team
Rennlist Member
Rennlist Member
Rod, sorry this happened to your beautiful car, but glad you have it back and hopefully fixed right.
The bad news is that they're not going to compensate you for using your own car during the repair process. You would have had your insurance company or the other guys insurance company arrange for the loss of use rental and they would have paid for that directly to the rental company (at greatly reduced rates).
The bad news is that they're not going to compensate you for using your own car during the repair process. You would have had your insurance company or the other guys insurance company arrange for the loss of use rental and they would have paid for that directly to the rental company (at greatly reduced rates).
#10
Burning Brakes
Right. The insurance company likely has a discounted contract with Enterprise or another car rental company and they will direct you to use them. They are not going to send you a check for the luxury of using your own car as your "rental" and then charging them to use it.
#11
Loss of use/diminution in value
In California, the insurance company of the adverse driver is responsible for loss of use of a comparable vehicle and diminution in value. They have to pay loss of use regardless of whether you rented another. Diminution of value is the difference between market value before the accident vs after it is repaired. Both can be significant. You may have an upper limit if the other driver had low property damage "PD" coverage. Loss of use and diminution in value are charged against the PD portion of the adverse driver's insurance. Motorcycles often have a value of $100 a day or more. Your car should be at least that. Mercury is cheap, don't accept their offer. Fight them.
Richard
Richard