I was struck from the rear in my mercedes ML-350, not my fault, does the insurance company owe me a like value rental vechicle?

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I was struck from the rear in my mercedes ML-350, not my fault, does the insurance company owe me a like value rental vechicle?

My ML-350 is valued at enterprise for 175/200 per day.
they rent similar vehicles Audi, Cadillac ect.. for 200/225 per day.
I use my personal vehicle to transport clients when in town thus the Mercedes.
the insurance company has authorized 41.50 tax per day

Asked on February 20, 2017 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If it's your insurance company you're talking about, they have to pay you whatever amount your policy calls for, for a rental--no more, but also up to that amount if necessary (i.e. if a comparable car were not cheaper than that). That's because your insurance policy is a contract between you and your insurer, and they are contractually obligated to pay up to the agreed-upon amount.
If you're talking about the other driver's insurer, they don't have to pay you *anything* for a rental unless you sue their driver and win; without a judgment from a lawsuit in your favor, any amount(s) they offer to pay you are voluntary on their part. So they could choose to offer only up to $41.50 per day, putting the onus on you to sue if you believe you are entitled to more. If you did sue and win, IF you could prove that the better car is commonly or frequently required for work, you could potentially get the larger rental amount for a reasonable time (e.g. the reasonable amount of time to repair you car or buy a new one)--but if you only rarely or sporadically needed the better car for clients, then they could pay the cost of a lesser car, since it is not reasonable to pay for a luxury car when it is only rarely needed.


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