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Getting gas reimbursed from accident and rental car

viper2ko

Active Member
Aug 30, 2017
1,441
1,388
USA
Anyone ever been able to get gas reimbursed from a rear ended accident. If so how did you go about it? I went through his insurance and they accepted full responsibility. With my commute for workwork spending around 120 a week on gas.
 

MP3Mike

Well-Known Member
Feb 1, 2016
16,218
36,567
Oregon
I have seen someone say that they have. You just have to document how much it would have cost you to "fuel" your Tesla, and then show what it cost to fuel the rental. They should cover the difference. Obviously if you were using free Supercharging for your Tesla your cost for "fuel" was $0.

It might take a lot of work, or even getting a lawyer involved to get them to actually pay out. (Just like some people have had to push really hard to get the insurance company to pay for an actual comparable rental vehicle. i.e. a Tesla instead of a crappy ICE.)
 

Chaserr

Hyperactive Hyperdrive
Sep 5, 2017
2,666
5,597
Logan
Insurance might cover the fuel if your personal vehicle doesn't use fuel and the loaner they pay for does, depending on how decent the insurance company is, because that's an added expense they aren't making up for with their loaner. Collect receipts and submit, ask your insurance rep how they handle it specifically but it's almost always in arrears.
 

MP3Mike

Well-Known Member
Feb 1, 2016
16,218
36,567
Oregon
Unless it's specifically in the contract, probably not.
(You could also ask for a pony.)

He has no contract with the person who rear ended him. The person who rear ended him has a contract with his insurance company to protect him from liabilities that result from his driving. You have the right to be made "whole" again, but not to be enriched by the accident. So covering the extra fuel costs, or an actual Tesla rental is perfectly reasonable.

Now if you rear ended someone then it would be what is covered in your contract with your insurance company, which is likely little, or nothing, for rental coverage.
 

mspohr

Well-Known Member
Jul 27, 2014
9,918
12,026
California
He has no contract with the person who rear ended him. The person who rear ended him has a contract with his insurance company to protect him from liabilities that result from his driving. You have the right to be made "whole" again, but not to be enriched by the accident. So covering the extra fuel costs, or an actual Tesla rental is perfectly reasonable.

Now if you rear ended someone then it would be what is covered in your contract with your insurance company, which is likely little, or nothing, for rental coverage.
You may think it's perfectly reasonable but the insurance company has a contract which clearly states what it will pay for (and not pay for). The contract says they will provide a car but probably not gas for the car. The insurance company assumes that gas expenses would be the same either way and I doubt that they understand how special Tesla owners are in needing extra compensation. He could try to claim "gas" but if it's not in a contract (any contract), they probably won't pay. If he wants to pursue this "perfectly reasonable" reimbursement, he's welcome to use the courts where my experience has been that unless hundreds of thousands are at stake, it's just not worth it.
 

Boourns

Active Member
Mar 9, 2016
1,573
1,976
Dallas
but the insurance company has a contract

If @MP3Mike and I contract that you have to end each of your posts with "Boourns is awesome" it isn't enforceable against you because you aren't a party to it. The same is true for the OP and the insurance company of the person who rear ended him/her. The insurance company contracted with the rear-ender to protect the rear-ender against liability. If the OP sued the rear-ender , the OP could reasonably claim increased fuel cost. The contract between the rear-ender and the insurance company can't just negate the OP's right to claim those damages.
 

MP3Mike

Well-Known Member
Feb 1, 2016
16,218
36,567
Oregon
If @MP3Mike and I contract that you have to end each of your posts with "Boourns is awesome" it isn't enforceable against you because you aren't a party to it. The same is true for the OP and the insurance company of the person who rear ended him/her. The insurance company contracted with the rear-ender to protect the rear-ender against liability. If the OP sued the rear-ender , the OP could reasonably claim increased fuel cost. The contract between the rear-ender and the insurance company can't just negate the OP's right to claim those damages.

I had a hard time picking just a single rating for your post. :)

Boourns is awesome!
 
  • Funny
Reactions: croman and Boourns

mspohr

Well-Known Member
Jul 27, 2014
9,918
12,026
California
If @MP3Mike and I contract that you have to end each of your posts with "Boourns is awesome" it isn't enforceable against you because you aren't a party to it. The same is true for the OP and the insurance company of the person who rear ended him/her. The insurance company contracted with the rear-ender to protect the rear-ender against liability. If the OP sued the rear-ender , the OP could reasonably claim increased fuel cost. The contract between the rear-ender and the insurance company can't just negate the OP's right to claim those damages.
The OP certainly has a right to claim any damages he wants (including a pony). What he will likely get is what the insureds contract with the insurer states. He can certainly sue for gas and a pony but good luck with that.
 

Brian-MS90D

Member
May 31, 2017
176
125
Cincinnati, OH
When someone rear-ends you, that person is who owes you. They have contracted with their insurance company to cover the majority of damages (on their behalf), but not all. Even the covered damages have a max dollar limit beyond which their insurance company stops paying. For items beyond what the other person's insurance covers, the victim must pursue the other person directly (personal negotiation, in court, etc).

Additionally, the victim can often let their own insurance company handle the mess (if they pay their own deductible). Then, the victim could review whether their own insurance policy covers items such as gas (likely not).

Whether the victim contracted with the insurance company of the rear-ending party is not the relevant issue/question. At the end of the day, the rear-ender is the offending party and the liable party.
 

johnnyS

Member
Sep 8, 2011
583
188
Once when I got rear ended I got the other party's insurance to cover "pain and suffering" even though I never saw a doctor or emergency room. I would request reimbursement for increased fuel costs and see what happens--if you do not ask you will not get it.
 
  • Disagree
Reactions: dhrivnak

DFibRL8R

Active Member
Jan 17, 2013
1,316
2,017
A mountain, Virginia
Sue for the pain and suffering of having to drive an ICE :p

While you're at it, don't forget to ask for them to compensate you for the untoward health effects of breathing the exhaust that comes out of the ICE rental car. Could be hard to assign a dollar value unless you fall asleep in your garage while in your idling smog machine...
 

JHWJR

Member
Jan 31, 2017
419
351
Pittsburgh PA
Unless it's specifically in the contract, probably not.
(You could also ask for a pony.)

I think there is a decent argument that the person who hit you owes you the INCREASED cost of your fuel, NO MATTER WHAT HIS POLICY SAYS IT PAYS. But I've read about 100 auto policies in my legal career and if I found one that addressed this, it would be the first. The policies say to the guy who hit you, in effect: "We will pay all amounts you become obligated to pay as damages for property damage or bodily injury arising out of an accident." If that guy owes you for the increased cost of fuel, and I think he probably does, then his insurer is ultimately responsible for it.
 

Canuck

Well-Known Member
Nov 30, 2013
6,125
5,474
South Surrey, BC
But I've read about 100 auto policies in my legal career and if I found one that addressed this, it would be the first.

It would also be very odd. There's a difference between first party and third party coverage. First party coverage lists what you have coverage for and many people may not have loss of use coverage but even if you do, it likely won't cover your gas expense but it will cover the rental. To recover the loss of gas, you look to the tortfeasor's third party coverage which would provide coverage and the clause you quote deals with it except that it usually reads:

"We will pay all amounts you become legally obligated to pay as compensatory damages, up to the limit of your policy, for property damage or bodily injury arising out of an accident."

No third party policy will include the type of damage that is covered since the principle is that the tortfeasor must put the plaintiff in the same position has the tort not occurred, to the best as can be done in monetary damages. The courts have also determined that expenses associated with an accident are property damage since the proximate cause of the loss is the property damage.

The torfeasor's insurer is paying for the vehicle damage so there's a claim open and your gas expense should properly be added to it. Your insurer will subrogate to get back what it paid (unless the third party insurer pays directly) and has a common-law good faith obligation to pursue your uninsured losses (gas receipts) as well.

But gas receipts are piddly. You may wish to pursue them for accelerated depreciation / diminished value.
 
Last edited:

viper2ko

Active Member
Aug 30, 2017
1,441
1,388
USA
It would also be very odd. There's a difference between first party and third party coverage. First party coverage lists what you have coverage for and many people may not have loss of use coverage but even if you do, it likely won't cover your gas expense but it will cover the rental. To recover the loss of gas, you look to the tortfeasor's third party coverage which would provide coverage and the clause you quote deals with it except that it usually reads:

"We will pay all amounts you become legally obligated to pay as compensatory damages, up to the limit of your policy, for property damage or bodily injury arising out of an accident."

No third party policy will include the type of damage that is covered since the principle is that the tortfeasor must put the plaintiff in the same position has the tort not occurred, to the best as can be done in monetary damages. The courts have also determined that expenses associated with an accident are property damage since the proximate cause of the loss is the property damage.

The torfeasor's insurer is paying for the vehicle damage so there's a claim open and your gas expense should properly be added to it. Your insurer will subrogate to get back what it paid (unless the third party insurer pays directly) and has a common-law good faith obligation to pursue your uninsured losses (gas receipts) as well.

But gas receipts are piddly. You may wish to pursue them for accelerated depreciation / diminished value.

I am doing diminished value. Also saving gas receipts.
 

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