Legal Question in Insurance Law in California

after getting into a car accident, the other party's insurance company fixed my car and paid for it. The issue is the face they sent me a letter saying that they will reimburse me for a comparable rental car (I drove a BMW) so I decided to go to my local hertz at the airport and rented a toyota prius to be on the economical side. They gave me a rate of 81 dollars per day. So the repair lasted for about a month and I had to pay about 2700 dollars for the rental car. The only stipulations the insurance company gave me was I had to decline the supplemental insurance and they wont pay for gas. They did not give me a list of approved cars nor a list of approved rental centers. They said I can go anywhere. On return of the rental i faxed the insurance company my receipt and they are only wanting to pay for half of it saying that this price was too expensive for a prius and they said that they don't have to pay me for the whole thing because I was ripped off by hertz. Can I take action for this and how would i do that?


Asked on 9/16/10, 9:05 am

1 Answer from Attorneys

They owe you for loss of use of your car, not your out of pocket. You could have rented a bicycle and they still owe you for the loss of use of YOUR vehicle. Provide them with proof of what it costs to rent a BMW and demand that they either pay that, or the actual cost of the Prius.

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Answered on 9/21/10, 9:19 am


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