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Unless it's specifically in the contract, probably not.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.
Unless it's specifically in the contract, probably not.
(You could also ask for a pony.)
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.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.
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.
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.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.
You would have had to handle "fuel" for your personal vehicle anyway, seems unreasonable to request.
Sue for the pain and suffering of having to drive an ICE
Unless it's specifically in the contract, probably not.
(You could also ask for a pony.)
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.