Truck Rental Colorado Springs – If your car is damaged by a collision, there are two possibilities: You are wrong or not. If you are wrong then you can get a rental car from your own insurance company IF you have a rental car coverage.
If you are innocent, you can get a rental car from the wrong driver insurance. Some state laws require the wrong driver insurance company to provide payment for “reasonable transportation costs incurred” or “rental fees incurred from replacement vehicles” as long as your damaged vehicle is being repaired.
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The wrong insurance driver usually will not authorize the rental car until they can talk to their insured and ensure that he is indeed guilty. This can be a problem if their insured is not available or if he lies about the accident.
Most companies will pay a fixed amount, for example, $ 20 per day. However, if there are special circumstances that require a vehicle similar to your damaged vehicle, notify the insurance company of the need to find out whether they will cover the cost or not.
You need any cars – so argue for the same car as your car, but now you have to get back on the road. You have kids to practice soccer, and you have to work in the morning so “standing by principle” might not be the best approach. You have to choose a battle and now your main need is to get a cellphone again.
If you cannot drive a car after an accident and are not given a rental car, you may be entitled to money because of loss of use.
This will depend on:
(1) car rental value;
(2) loss of income that you will most likely get by car; and,
(3) what you spend to reduce your losses eg if you rent a car yourself.
It is widely accepted that the right to compensation for loss of vehicle use does not depend on the owner who has actually rented a replacement car during the period of loss of use.
For example, in Hillman v. Bray Lines, Inc., Colorado Court of Appeals compensated truck drivers for the costs involved in renting comparable semi-tractor trailers even though truck drivers did not actually rent one.
And the New Jersey High Court at Camaraza v. Bellavia Buick Corp. upheld the award of money for loss of use in which car owners suffered inconvenience due to loss of vehicle use, even though no replacement vehicles were obtained.
But this principle is best demonstrated by the case of the Wisconsin Supreme Court: Murray v. Holiday Rambler, Inc.
In Murray’s case, a disabled motorbike home buyer sued the motorbike seller on charges that he and his family had been damaged by the loss of the motorbike’s home use.
At the trial, the buyer testified that the motorbike was idle for several months and that the family motorbike’s trip to Colorado was shortened a week due to mechanical problems. Further evidence shows that the value of comparable vehicle rentals is around $ 155 per week.
The court in Murray’s case said that buyers could recover their losses by showing their own actual expenses in dealing with seller violations or by showing how many of their vehicles would be used if not for defects, along with the value of that use.
If another driver causes an accident, ask for insurance to buy you a rental car. If you are wrong, get a rental car through your insurance, but only if you have rental car coverage.
If you are entitled to a car from wrong driver insurance, they may not provide it for various reasons. If this happens, you might have a claim to “lose use.” This is true if you can show that you will use a car and how much it will cost to rent a replacement. If you lose your income because you don’t have a car, then you can prove and recover lost income.
This article is provided for informational purposes only and you must seek legal advice from a lawyer in the state where you live about your specific legal rights.
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