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Car rental replacement while car being repaired

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My M3 will be repaired after an acident and other driver's insurance (Progressive) will be paying for it. They refuse to replace it with an EV or a luxury car and they max pay $40/day for an ICE car. Has anyone had an experience with a situation like this? Also, how did you claim diminished value on your Tesla?
 
My M3 will be repaired after an acident and other driver's insurance (Progressive) will be paying for it. They refuse to replace it with an EV or a luxury car and they max pay $40/day for an ICE car. Has anyone had an experience with a situation like this? Also, how did you claim diminished value on your Tesla?
Yes in Texas I just told them they needed to provide a like vehicle it took a couple arguments but I ended up with an S while my Y was in for a month of repair. if they Insist on the $40 a day ask for all fuel reimbursement while driving, that was an offer to me by the insurance before finally getting an EV. On DV just tell them you plan on filing a DV claim as well would they like to discuss it now or wait until repairs are complete.
 
Yes in Texas I just told them they needed to provide a like vehicle it took a couple arguments but I ended up with an S while my Y was in for a month of repair. if they Insist on the $40 a day ask for all fuel reimbursement while driving, that was an offer to me by the insurance before finally getting an EV. On DV just tell them you plan on filing a DV claim as well would they like to discuss it now or wait until repairs are complete.
Thanks for sharing your experience. I have just emailed them so I have it in writing in case of lawsuit in the future. For DV, they said to wait for the repair costs. I may just hire a lawyer if the the depreciation seems to be above $10k.
 
Ran into the same situation in CA. The cash offer is $42/day on ICE, no gas reimbursement. This doesn't even come close to a "comparable".

The rental authorized is in the "luxury" category after back and forth argument. Insisting on comparable car capabilities like distance sensors, fast accelerations, blind spot detection, etc. helped. Prepare to walk away if the insurance doesn't budge, and know that you are still entitled to loss of use regardless of whether you took the rental.

Beware that, just because the insurance authorized the rental, it doesn't mean the rental partner carries this grade of car. We walked into a nasty surprise downgrade offer at the rental shop, so turned it down. Is anyone able to recover the difference if you accept a downgrade? I'm not optimistic.

The insurance company has significant leverage in providing low-cost EV rental with an open rental contract, but they won't budge. In my mind, it's bad faith negotiation. I'd go rent the exact car myself (which probably will cost more) and go to court to claim loss of use.

Going through this ordeal makes me doubt the value of the insurance company - we got nickeled and dimed every step of the way by our counterparty's insurance, to the point where we are seriously thinking about suing our counterparty directly. From our counterparty's perspective, the person purchased the insurance only to get sued in the end. The insurance failed its purpose.