What to do about compensation for the reduced value of a repaired vehicle and rental car fees?

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What to do about compensation for the reduced value of a repaired vehicle and rental car fees?

My husband was involved in an auto accident and he was not at fault. So far both insurance companies have been cooperative. However, the continued delay of the decision on whether to total the vehicle or not has inconvenienced us since we now have a couple of 2-seater vehicles for a family of 3. An adjuster thinks that the car is reparable but the frame is damaged. Anyone who sees a car with an accident, let alone frame damage on Carfax, and red flags go up. Should we seek compensation for the difference between what our car would be worth without frame damage? And rental car fee(s)?

Asked on May 8, 2012 under Accident Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would first look to see if your insurance policy for the car that was damaged has a provision for rental use. If so, then I would seek that under your policy. If your policy does not have such a provision, then I would seek the rental costs of another car from the person who damaged the car driven by your husband.

Under the law, the measure of damages concerning damage to one's vehicle is the lesser of the costs of repair or the car's fair market value if deemed destroyed.

I would seek the measure of value of the car if destroyed and the rental fee costs of the vehicle used pending a decision on the car you own if it is deemed repairable or not.

 


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