My question involves an injury that occurred in the state of: Texas
i recently had a car accident and i was lucky:-) because other driver accepted his fault and his insurance company paid for my car repair. Thank you Insurance Company.
But my car repair took about 20 days so i submitted Loss of Use claim to the same driver's at-fault insurance company and sent them multiple quotes from Avis.com and Enterprise.com showing rental value of the can similar to mine. The price was around 70$ per day so the total Loss of Use amount i claimed was around 1400$. The Insurance company returned to me and said that they owe me only rasonable transportation or equivalent so they can pay 30$/day maximum.
I was trying to find how Loss of Use is calculated in such cases but so far it looks really non-transparent.
In Pasadena State Bank v. Isaac, 228 S.W.2d 127 (Tex. 1950). it says: The plaintiff may prove and recover damages for loss of use of a repairable vehicle by establishing the reasonable rental value of a substitute car for the time reasonably required to repair or replace it.
And in Mondragon v. Austin, 954 S.W.2d 191 (Tex. Civ. App. – Austin, 1997). : Proof of the reasonable rental value of a hypothetical substitute automobile is sufficient evidence to support an award for loss of use. Id.The owner doesn’t need to actually rent a replacement vehicle in order to recover loss of use damages. Furthermore, damages for loss of use of a repairable automobile are not limited a matter of law to the total value of automobile. Id.
So i'm having troubles finding a good case that clearly states what is reasonable rental value. I assume it can't be the same if you're driving 20y old Toyota Camry or brand new Mercedes.
Maybe you can point me to the right case where i can find the answer and can refer Insurance company to that case to get my 70$/day?
Once again this id third party liability, and i'm requesting loss of use reimbursement from other driver's insurance company. So theoretically it shouldn't be any limits to the amount and legislation should prevail insurance company's internal policies. I guess:-)
Thanks in advance for help