Geico refusing to pay out Loss of Use claim

[EVDRVN]

Geico is horrible and will cancel you if they can find a reason or not. Dump them and get AAA because one day you may need real insurance when it really matters.

 

[Dana1]

@Joshan @run-the-joules Would that be worth it for such a small claim, though? Geico estimated 4 repair days but it was more like 7, including the weekend. Assuming the $130 per day, the total payout would be either $520 (4 days) or $910 (full 7 days). Aren't lawyer costs usually greater than this?

Small claims court. No lawyer needed and trot out this case. Ask for diminished value while you’re at it. At most you’re out about $100 but likely you’ll recover something and would automatically recover court costs. Allstate refused to pay DV and it was me vs 3 lawyers, lol. I won.

 

[Dana1]

That is not actually true.
There is no concept of "made whole" in the insurance contract. It's just a legal agreement to pay certain amount to the policy holder once certain conditions are met.

If you don't believe me, go ahead and download your policy (many are online), read / Control-F through the PDF - you will not fine "made whole" anywhere in the policy declaration, the rating supplement, or coverage restriction documents.



Unfortunately for you and the OP, that's a standard that you just made up.
This would be similar to arguing that your orange convertible car with air suspension has to be replaced by another orange rental convertible with air suspension. It doesn't.
And if your cousin has just such a car and will rent it to your for $1000/day, you still can't claim "loss of use" damage of $1K * 7 days.

Search for "substitute" or "replacement" in the policy declaration document, and you will find out exactly what the contract stipulates. Most likely, it will refer to a vehicle of "similar" or "same class", or to a fixed daily rental allowance.




No, not really.
Sorry.

OP - good luck!

Not exactly. If my insurance is paying the rental is limited to the policy coverage, $40 in my case. The other insurance company can sometimes be on the hook for a little more, though within limits. He should be able to get at least the $40 but probably something closer to $100 (equivalent car class, not specific model)

 

[Big Dog]

Not sure why people think they are entitled to a ferrari if their ferrari was wrecked.

Sounds like you need to read the fine print from the declaration page of your insurance and what the coverage is.

Exactly. Typically, you can get a similar sized car so if you have a full-sized that is wrecked, that is what your replacement is. But, it can be a full sized Chevy gas guzzler. When my Audi A3 was dinged, Enterprise gave us a full sized Impala for which the carrier paid ~$28/day..

 

[Hypeman123]

Since OP’s Tesla didn’t use gas would the OP be responsible to pay for the gas for the rental? Or is there any way OP can claim back the gas expense?

Part of the reason I bought my Tesla was the gas savings. If someone caused me to be without use of my car and I was given a gas guzzler to drive to and from work everyday (50 miles round trip) for as long as my car was in repair, I would def see if there was a way for me to claim the gas money back.

 

[pjoseph]

i'm fighting Geico in SCC on a DVC. They are the at-fault party's insurer. They have requested for a jury trial.

Yes, LoU can be claimed as well. Don't listen to the lawyers trolling on Reddit or on here. The DVC laws are vague and so most insurers play dumb.

Geico literally mocked and insulted me on every turn. They are pigs. Thankfully i have a motivated lawyer & appraiser on my side.

 

[ksb467]

Since OP’s Tesla didn’t use gas would the OP be responsible to pay for the gas for the rental? Or is there any way OP can claim back the gas expense?

Part of the reason I bought my Tesla was the gas savings. If someone caused me to be without use of my car and I was given a gas guzzler to drive to and from work everyday (50 miles round trip) for as long as my car was in repair, I would def see if there was a way for me to claim the gas money back.

This just seems a petty concern to worry about in the big picture. Beyond asking, I wouldn’t waste more time on this particular aspect of the claim. Focus should be on getting car back timely and in comparable condition after any loss of value compensation.

 

[afadeev]

That is not actually true.
There is no concept of "made whole" in the insurance contract. It's just a legal agreement to pay certain amount to the policy holder once certain conditions are met.

Not exactly. If my insurance is paying the rental is limited to the policy coverage, $40 in my case. The other insurance company can sometimes be on the hook for a little more, though within limits. He should be able to get at least the $40 but probably something closer to $100 (equivalent car class, not specific model)

Agree completely.
The other insurance party may carry different rental reimbursement limits.
However, those would still be maxed out by the other party's insurance provisions, not an illusory concept of being "made whole" by demanding to have an identical vehicle make and model rented, while OP's Model 3 is being repaired.

Since OP’s Tesla didn’t use gas would the OP be responsible to pay for the gas for the rental? Or is there any way OP can claim back the gas expense?[...]I would def see if there was a way for me to claim the gas money back.

Please don't be silly.

If you got friendly waves from women (or men) while driving your Tesla (hypothetically speaking), no insurance will cover the cost of escort services for you while your car is being repaired.

Just look up what's in your insurance policy, and draw conclusion from the contractually written reimbursement obligations. Gas reimbursement wont be there.

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