2013 Audi A8 L totaled (hopefully) with only 2800 miles...
03-19-2014, 03:34 PM
#51
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"Putting our S8 back together again took five months (126 hours of labor, ranging from $45 an hour to $100 an hour), involved pulling the engine twice, and cost $29,969"
http://www.caranddriver.com/reviews/...term-road-test
http://www.caranddriver.com/reviews/...term-road-test
03-19-2014, 04:24 PM
#52
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You're not in CA. I'm not in TX. This is how it works. You mitigate your damages, I seek restitution to the fullest dollar. To each his own. Simple fact here... while the car is in the shop, someone, that would be you, is paying the lease/finance payments while driving around in a rented Corolla for 7 months. Restitution would be in the form of getting the at-fault party to pay for your loss, via mitigated damages, by forcing like-for-like substitution of collateral in lieu of compensation, since you're still paying for the Audi but driving a Corolla. There's no similarity between the Corolla and A8 even though Hertz may be charging just as much per month during the repair. Restitution allows legal remedy for this. Don't bother with case law unless you're going to look it up and cite it properly.
what you are spewing sounds like a lawyer who could pass the bar...lol
03-19-2014, 04:32 PM
#53
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lol...I handle claims in multiple states including california and you clearly have no idea of what you're talking about...every insurance policy in the world as a mitigating clause for both insureds and claimants...
what you are spewing sounds like a lawyer who could pass the bar...lol
what you are spewing sounds like a lawyer who could pass the bar...lol
Is the at fault drivers insurance responsible for securing a rental car
"The question also calls into play the elements of damages to which you may be entitled as a victim of someone else's negligence. If your car was rendered damaged so as to have lost the use of it (either permanently or while undergoing repair), "loss of use" damages are part of your recoverable damages. That is, you ordinarily have a claim against the adverse party not just for the repair cost of your car, but also for the loss of use of it. In many states, that element of damages is recoverable whether or not you actually rent a temporary substitute vehicle.
If your car was rendered a "total loss" as a result of a collision that was not your fault, you are likewise entitled to "loss of use" damages, and they can be measured by the reasonable cost to rent a like kind and quality aitomobile. However, in the case of a total loss, your right to loss of use damages (for example, a rental vehicle) may terminate when the adverse party, or his/her insurer pays you the actual cash value of your car (because you are thereby deemed to have been made whole)."
"Reasonable rental cars
Insurance companies are always looking for ways to shave a few dollars from the cost of a claim, and reimbursements for rental-car costs often are the first to meet the blade. Insurance companies often tell accident victims that they pay only a certain amount per day for rental cars. As a victim of another person's negligence, you have the right to recoup the costs associated with fixing the disruption you experience, including all of the costs of renting a vehicle while your own vehicle is unusable.
To avoid having to pay for part of a rental, rent reasonably. Obtain a rental vehicle that is similar to your own and return it promptly when your own vehicle has been fully repaired. Rent a vehicle only if your own is not safe to drive or requires extensive time in the shop. And don't purchase a collision damage waiver from the rental company if your own insurance policy covers damages to rental cars.
If you rent reasonably and the insurer insists on cutting the amount of its reimbursement, ask the insurer to put its reason in writing. Insurers must inform you in writing of their decisions to deny or reduce payments."
On this basis, you have no facts, no sources of information, and just opinions. Prove me wrong.
Last edited by in2dwww; 03-19-2014 at 04:39 PM.
03-19-2014, 06:52 PM
#54
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Why don't you guys take your insurance car rental argument to PM? I think most folks reading this thread are more interested in hearing from the OP about how the process is going with his A8.
03-20-2014, 03:28 AM
#56
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Did you come here for an argument? Let me simplify things for you with some simple language from the internet:
Is the at fault drivers insurance responsible for securing a rental car
"The question also calls into play the elements of damages to which you may be entitled as a victim of someone else's negligence. If your car was rendered damaged so as to have lost the use of it (either permanently or while undergoing repair), "loss of use" damages are part of your recoverable damages. That is, you ordinarily have a claim against the adverse party not just for the repair cost of your car, but also for the loss of use of it. In many states, that element of damages is recoverable whether or not you actually rent a temporary substitute vehicle.
If your car was rendered a "total loss" as a result of a collision that was not your fault, you are likewise entitled to "loss of use" damages, and they can be measured by the reasonable cost to rent a like kind and quality aitomobile. However, in the case of a total loss, your right to loss of use damages (for example, a rental vehicle) may terminate when the adverse party, or his/her insurer pays you the actual cash value of your car (because you are thereby deemed to have been made whole)."
"Reasonable rental cars
Insurance companies are always looking for ways to shave a few dollars from the cost of a claim, and reimbursements for rental-car costs often are the first to meet the blade. Insurance companies often tell accident victims that they pay only a certain amount per day for rental cars. As a victim of another person's negligence, you have the right to recoup the costs associated with fixing the disruption you experience, including all of the costs of renting a vehicle while your own vehicle is unusable.
To avoid having to pay for part of a rental, rent reasonably. Obtain a rental vehicle that is similar to your own and return it promptly when your own vehicle has been fully repaired. Rent a vehicle only if your own is not safe to drive or requires extensive time in the shop. And don't purchase a collision damage waiver from the rental company if your own insurance policy covers damages to rental cars.
If you rent reasonably and the insurer insists on cutting the amount of its reimbursement, ask the insurer to put its reason in writing. Insurers must inform you in writing of their decisions to deny or reduce payments."
On this basis, you have no facts, no sources of information, and just opinions. Prove me wrong.
Is the at fault drivers insurance responsible for securing a rental car
"The question also calls into play the elements of damages to which you may be entitled as a victim of someone else's negligence. If your car was rendered damaged so as to have lost the use of it (either permanently or while undergoing repair), "loss of use" damages are part of your recoverable damages. That is, you ordinarily have a claim against the adverse party not just for the repair cost of your car, but also for the loss of use of it. In many states, that element of damages is recoverable whether or not you actually rent a temporary substitute vehicle.
If your car was rendered a "total loss" as a result of a collision that was not your fault, you are likewise entitled to "loss of use" damages, and they can be measured by the reasonable cost to rent a like kind and quality aitomobile. However, in the case of a total loss, your right to loss of use damages (for example, a rental vehicle) may terminate when the adverse party, or his/her insurer pays you the actual cash value of your car (because you are thereby deemed to have been made whole)."
"Reasonable rental cars
Insurance companies are always looking for ways to shave a few dollars from the cost of a claim, and reimbursements for rental-car costs often are the first to meet the blade. Insurance companies often tell accident victims that they pay only a certain amount per day for rental cars. As a victim of another person's negligence, you have the right to recoup the costs associated with fixing the disruption you experience, including all of the costs of renting a vehicle while your own vehicle is unusable.
To avoid having to pay for part of a rental, rent reasonably. Obtain a rental vehicle that is similar to your own and return it promptly when your own vehicle has been fully repaired. Rent a vehicle only if your own is not safe to drive or requires extensive time in the shop. And don't purchase a collision damage waiver from the rental company if your own insurance policy covers damages to rental cars.
If you rent reasonably and the insurer insists on cutting the amount of its reimbursement, ask the insurer to put its reason in writing. Insurers must inform you in writing of their decisions to deny or reduce payments."
On this basis, you have no facts, no sources of information, and just opinions. Prove me wrong.
03-20-2014, 04:46 AM
#57
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Well, then, OP is completely screwed. And you sound like an insider to the cronyism that is the insurance industry. Insurance is a risk. When the odds collide, laws do not protect the risk taker, unless it's the insurance company? You are mistaken. There is the NICB - set in place to protect against fraud. Laws are there for fraudulent activity, but there is no law to limit, nor protect, any party from being made whole.
My world and your world are two different places. Mind the gap.
My world and your world are two different places. Mind the gap.
firstly nothing you posted has anything to do with your original point of NOT being required to mitigate your damages...did u even read the quotes YOU posted...lol...quite doubtful... the insurance industry is a regulated industry...that means your insurance company's actions are determined by laws and statutes and not by some random Wikipedia entry... ;-)
03-20-2014, 04:49 AM
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Well, then, OP is completely screwed. And you sound like an insider to the cronyism that is the insurance industry. Insurance is a risk. When the odds collide, laws do not protect the risk taker, unless it's the insurance company? You are mistaken. There is the NICB - set in place to protect against fraud. Laws are there for fraudulent activity, but there is no law to limit, nor protect, any party from being made whole.
My world and your world are two different places. Mind the gap.
My world and your world are two different places. Mind the gap.
03-20-2014, 05:48 AM
#59
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Just a reminder that posts made by all participants to perpetuate an argument (as well as any personal attacks or use of profanity) are not permitted per the AW Forum Discussion Terms of Use and are subject to deletion, regardless of who "started it". A word to the wise.
03-20-2014, 06:51 AM
#60
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May I suggest we start a new thread for this insurance tangent in the Off-Topic forum and provide a link here so anyone who wishes to continue the debate could do so?
There seems to be a great deal of misinformation out there about insurance, and many "I crashed my Audi" threads end up turning into insurance debates. We could just link them all to an "Insurance Info" thread.
I personally have learned a good deal about the claims process on AW and on a Mercedes board (heavily populated by lawyers, which was an advantage for a change
)
-Tom
(PS That "...mind the gap" thing is priceless)
There seems to be a great deal of misinformation out there about insurance, and many "I crashed my Audi" threads end up turning into insurance debates. We could just link them all to an "Insurance Info" thread.
I personally have learned a good deal about the claims process on AW and on a Mercedes board (heavily populated by lawyers, which was an advantage for a change
)-Tom
(PS That "...mind the gap" thing is priceless)