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I was rear-ended, do I get a rental car when my car is being fixed?

Yes.  A vehicle owner may get the value of the loss of use for his vehicle for a reasonable time.  WPI 30.16 states that "such sum as will reasonably compensate for any loss of use of any damaged property during the time reasonably required for its repair".

Sometimes there is a dispute about the type of replacement car offered.  For example, when a client has a Mercedes but the insurance company offers her a Ford, the client will not be happy, especially if the repair time is longer than one week.  In these cases, negotiation and reasoning with the insurance company is usually the best option as litigation is costly.  Another alternative is the recover the difference in value of having the economy car instead of the luxury car at the end of the case.

Posted By Park Chenauron July 09, 2010 02:08 pm Permalink
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