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Loss of Use payment issued $20 a day

Discussion in 'Model S' started by Kush Plank, Jul 29, 2020.

  1. Kush Plank

    Kush Plank Member

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    Hello, i was recently involved in a car crash 2 weeks ago, and today i called the at fault insurance Allstate for loss of use claim.

    Now usually they reimburse rentals, but because i am only 20, i cannot get a rental, so i decided to pursue for loss of use.

    They offered me $20.85 a day, which they claimed is the "reasonable" rate i would get if i rented a economy enterprise car using my allstate claim number, ill have to double check on that ofcourse, because on the website economy is $40+ a day.

    Anyone here also get the 20.85 a day loss of use while your vehicle is undrivable due to accident?

    Car: 18 Model S 100D
     
  2. croman

    croman Active Member

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    You should get a comparable car (not economy). You didn't lose a Yaris, you lost a large luxury sedan. I'm sure the insurance company will object but 20 bucks a day gets you nothing good or safe.
     
    • Like x 3
  3. Kush Plank

    Kush Plank Member

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    Ya i would love to get a comparable car but allstate says in my state, alabama, its reasonable car, which in this case allstate considers to be a economy which also includes their apparent discounted rate of 20 a day for a ecnonmy thru enterprise
     
  4. cookie99

    cookie99 Member

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    comparable car is comparable car to the rental in question, which is economy. not to his car
     
    • Like x 1
  5. PWlakewood

    PWlakewood Active Member

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    Read the policy for the insurance company covering the accident. It varies by state. I went thru this in Washington state and they had to give a comparable car which means an electric car not a gas car. I ended up with a model s for over 4 weeks all covered under the claim.
     
    • Like x 1
  6. FoxSTL2HOU

    FoxSTL2HOU Member

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    From (https://www.mwl-law.com/wp-content/uploads/2019/01/LOSS-OF-USE-IN-ALL-50-STATES.pdf) which states updated this past April:

    Loss of use (reasonable value of use or rental of car) is recoverable while owner deprived of vehicle’s use during time period necessary to make repairs. Hunt v. Ward, 79 So.2d 20 (Ala. 1955).

    No recovery allowed for both total loss of a vehicle and loss of use of the same vehicle. Fuller v. Martin, 125 So.2d 4 (Ala. Ct. App. 1960) (Taxicab). Except for a commercial vehicle that is a total loss, recovery of both total loss and loss of use damages is allowed during the time reasonably required to procure a suitable replacement vehicle. Ex parte S & M, LLC, 120 So.3d 509 (Ala. 2012)

    No case law info regarding whether a rental vehicle must actually be rented in order to use a rental value as a loss of use calculation

    Purpose of compensatory damages is “to make the plaintiff whole by reimbursing him or her for the loss or harm suffered.” Ex parte Goldsen, 783 So.2d 53 (Ala. 2000).
     
  7. Kush Plank

    Kush Plank Member

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    So i just got a call from my damage repair rep, the initial pre teardown estimate to repair was 10k, now its 32k and counting, the guy said theres a chance for total loss, but i have already recieved 26 (2 weeks since wreck + 10 days of estimated repair time with a secondary loss of use payment once car is all completed) from the 3rd party at fault insurance days of loss of use, does this mean i have to return the loss of use if they total the car? accident date was 7/14

    My insurance will be paying for everything and then subro the 3rd party at fault
     
  8. PWlakewood

    PWlakewood Active Member

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    So you filed a claim with your insurance company? If responsibility was accepted by the person at fault then their insurance company would have to cover everything.
     
  9. Kush Plank

    Kush Plank Member

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    ya my insurance said after all damages are done whether totaled or not they would subro the 3rd party at fault and get all of themoney back including my 1k deductiable
     
  10. Xenoilphobe

    Xenoilphobe Active Member

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    they need to rent you a Model S, $20.85 a day doesn't cover tolls in the DC area, let alone a tin can Yaris.
     
    • Like x 1
  11. PWlakewood

    PWlakewood Active Member

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    Yes but you will get dinged by your insurance for filing a claim on your policy even though its being reimbursed by the other company. Only reason to file a claim on yours would be if it was your fault or the other company wasn't covering everything
     
  12. Big Dog

    Big Dog Active Member

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    Every state is different, but in CA you get a similar-sized class car. So if you own a full size four door, the fault-insurer must cover a full size four door. (you can choose to downsize.) Call YOUR insurance carrier to confirm the practice in your state.

    Some rental companies will cover < 25, so check around.

    Every state is different. An insurer in CA cannot (by law) raise your rates when the other party pays in full.
     
  13. Kush Plank

    Kush Plank Member

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    I live in Alabama, where its resonable value or a car that can get you around, in this case 20.85 a day lol
     
  14. ArizonaP85

    ArizonaP85 Member

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    BAD idea to file with your insurance when it is the other guy’s fault. Sure, they told you that they would subrogate and get your deductible back, but once you sign their release, your insurance company can do whatever it wants. Including saying it isn’t worth their time to pursue any or all of your claim, and then jack your rates up.

    Other driver’s fault? Make other driver’s insurance pay. Simple and safe rule.

    Be very careful that either or both insurance companies aren’t trying to rip you off, especially when they see that you’re only 20 and figure that you haven’t experienced a “say one thing, do another” ripoff and will be too trusting.

    Good luck!
     
    • Helpful x 1
  15. Kush Plank

    Kush Plank Member

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    I see, i decided to go with my insurance because the 3rd party was taking a long time determining fault, all while my baby sat in a tow yard collecting dust and other *sugar*.

    But the 3rd party accepted 100% liability, and they told us that they would await a subro demand from my insurance
     
  16. cookie99

    cookie99 Member

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    what?? ive never heard of such a boogieman tale. you contact your insurance the same way the other party contacts their insurance, then the 2 companies talk and determine fault. atleast thats how it is in california.
     
  17. IdaX

    IdaX Member

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    I got $65/day for my model 3, plus $15/day for “gas” money. Which is still not enough to rent a Model3 on Turo, but it was close enough that I took it. Look up how much Model S of your vintage go for on Turo; that’s the fair value for your Loss of Use.

    Make sure you get Diminished Value off of them, too, though that may be harder through your own insurance company.
     
  18. ArizonaP85

    ArizonaP85 Member

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    You assume that your insurance company will fight for you as hard as you will ... when they have no financial incentive to do so. OP has already seen that they’re not fighting for the value of a true substitute car — what happens when the at-fault driver’s insurance company balks at an often very high repair estimate due to Tesla’s exacting standards? Will OP’s insurance spend a lot of time and money to get nothing for them? Or will they say, fine, we’ll pay and jack his rates?
    I don’t know about his state but I understand that some states only allow diminished value claims against the other driver’s insurance company. On a 2018 100D, DV will likely be thousands of dollars. OP: search other threads for DV info.
     
  19. Kandiru

    Kandiru Member

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    U got a POS insurance co. Move on bro!
     
    • Informative x 1
  20. Kush Plank

    Kush Plank Member

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    What is pos explain pls
     

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