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997 in accident, what is insurance obligated to pay for "loss of use"?

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Old 05-21-2019, 02:47 PM
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rodH
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Default 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?
Old 05-21-2019, 03:11 PM
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wc11
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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.
Old 05-21-2019, 04:10 PM
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MexicoBlueTurboS
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Originally Posted by wc11
read the fine print in your policy.
And if it's like any other fine print be ready to video record that 'oh ****' moment on your face we've all had at one point or another in our lives.
Old 05-21-2019, 05:53 PM
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rodH
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Originally Posted by wc11
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 the other guys insurance. He was at fault.
Old 05-22-2019, 12:53 AM
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Dartmouth
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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.
Old 05-22-2019, 01:39 AM
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rodH
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Originally Posted by Dartmouth
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.
I may have been a little unclear. The car is now fixed and I used one of my other cars (which is just as nice or nicer than most rental cars) with the understanding that I would be getting a "loss of use" reimbursement.
Old 05-22-2019, 09:00 AM
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Originally Posted by rodH
I may have been a little unclear. The car is now fixed and I used one of my other cars (which is just as nice or nicer than most rental cars) with the understanding that I would be getting a "loss of use" reimbursement.
I would think that the insurance company, whether it be yours or the other drivers (since they're at fault) would have to agree upon that arrangement in writing
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.
Old 05-22-2019, 09:09 AM
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Mumbles
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I'd be more concerned about loss of value after the repair. Over 3k will be recorded, especially on a fine model like you have.
Old 05-22-2019, 01:03 PM
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Petza914
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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).
Old 05-22-2019, 07:22 PM
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Dartmouth
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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.
Old 05-22-2019, 07:50 PM
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Default 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



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