Legal Question in Personal Injury in California
Factors considered for "Loss of Use" claim amount
I forwarded estimates, etc., for damages to my vehicle to out-of-state insurer. Insurer left message on voice mail, implying no correspondence from me. I voice mailed him back asking if this was the case, I would re-submit. Next message stated "it" would be handled a bit differently since they deemed my car to be a "total" and he needed to speak to me personally to run a few figures by me. He's on East Coast time, we can never seem to connect. Meanwhile, it is my understanding that I am entitled to claim "loss of use" since I have been without a replacement vehicle rental or otherwise. While the insurer previously said they would pay up to a certain amount daily, the rental co. they use told me they required a $250.00 deposit up front from me. I'm not working, I'm a student. Regardless if I will be compensated, I don't have it to give it up. I left messages requesting assistance to obtain a rental, I never received a reply. My question is how do I determine the fair amount to claim for "loss of use".
1 Answer from Attorneys
Re: Factors considered for
A fair way to determine loss of use would be the rental price of a similar class car for the amount of time it would take to repair your car. If you incur charges and actually pay them that is considered evidence that the charges are reasonable.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
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