I have a legal interpretation question as it relates to "comparable" car rental obligations of the insurance company of an at fault driver. We all know that an at fault driver is required to cover all damages caused from an accident. Consider that a driver is 100% at fault and damages a Subaru. You make a claim with their insurance company which they accept responsibility. You ask them to cover a rental for the time of the repairs and they agree but authorize a rental that you believe is not "comparable". Rental firms often break their fleet into various levels of cars such as compact, mid size, standard, etc. We can clearly see a pattern having to do with size. While we Subaru owners, particularly Ascent owners can justifiably say "size matters", can we say AWD matters? Suppose the rental firm can rent you a vehicle that is the same size but does not have AWD. Is that acceptable? Suppose you live in Colorado and it is winter where chain laws limit where you can travel unless you have AWD or 4 wheel drive or chains. Does the non AWD or non 4 wheel drive vehicle of the same size category fulfill their legal responsibility of providing a comparable vehicle?
This is the situation I am in (not with the Ascent (thankfully) but with another Subaru we own). The rental period is expected to be up to 10 days. Enterprise has four Imprezas in their regional fleet.
Some quick research uncovered a posting that listed some case law which I have yet to read through. Below is their posting. What are your thoughts?
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Virtually all states recognize the right of an automobile owner to recover damages for the loss of use of the damaged vehicle while it is being repaired. See, Kopischke v. Chicago, St. P., M. & O. Ry. Co., 230 Minn. 23, 30–31, 40 N.W.2d 834, 839 (1950); Hanson v. Hall, 202 Minn. 381, 387–388, 279 N.W. 227, 230–231 (1938); Restatement (Second) of Torts § 928(b) (1979); 4A Minn. Prac., Jury Instr. Guides–Civil CIVJIG 92.10.
I found no cases supporting ABC’s internal policy that it was only obligated to provide “transportation.”
I found several cases stating that the reasonable value of the loss of use of an automobile is measured by the rental cost of a comparable vehicle. See, e.g., AT & T Corp. v. Lanzo Const. Co., Florida, 74 F. Supp. 2d 1223, 1225 (S.D. Fla. 1999) (“loss of use damages are measured by the amount necessary to rent a similar article or other suitable article within which to perform the services usually performed by the damaged article during the period of repair”); Lewis v. Lawless Homes, Inc., 984 S.W.2d 583, 586 (Mo. Ct. App. 1999) (“The value of its use is the cost of renting a similar piece of equipment”); Papenheim v. Lovell, 530 N.W.2d 668, 673 (Iowa 1995) (awarding loss of use damages based on rental rate for full-size vehicles similar to plaintiff’s damaged full-size vehicle); Chlopek v. Schmall, 224 Neb. 78, 89, 396 N.W.2d 103, 110 (1986) (“The reasonable value of the loss of use of personal property is generally the fair rental value of property of a like or similar nature or the amount actually paid for rental, whichever is less”); Lamb v. R.L. Mathis Certified Dairy Co., 183 Ga. App. 455, 457, 359 S.E.2d 214, 216 (1987) (“plaintiff would be entitled to reasonable rental value of a comparable car for a reasonable length of time to have the body repairs completed”); Lenz Const. Co. v. Cameron, 207 Mont. 506, 509-10, 674 P.2d 1101, 1103 (1984) (“We do not disagree with using, as a general measure of loss-of-use damages, the reasonable rental value of a comparable machine for the period of time necessary for replacement”); Gillespie v. Draughn, 54 N.C. App. 413, 417, 283 S.E.2d 548, 552 (1981) (“The measure of damages to be recovered is the cost of renting a similar vehicle during a reasonable time for repairs”); Apostle v. Prince, 158 Ga.App. 56(2), 279 S.E.2d 304 (1981) (“The plaintiff expressed his opinion as to the reasonable rental value of a comparable car. There was sufficient evidence presented to allow the jury to determine damages for loss of use”); Roberts v. Pilot Freight Carriers, Inc., 273 N.C. 600, 607, 160 S.E.2d 712, 718 (1968) (“Ordinarily the measure of damages for loss of use . . . is the cost of renting a similar vehicle during a reasonable period for repairs”); Nat’l Dairy Products Corp. v. Jumper, 241 Miss. 339, 344, 130 So. 2d 922, 922-24 (1961) (“In short, loss of use of a repairable vehicle is measured by the reasonable rental value of a similar unit . . . This measure of damages for loss of use has the virtue of certainty and fairness, in that there can ordinarily be determined specifically the value of the loss of use, by ascertaining the rental value of a similar vehicle”); Naughton Mulgrew Motor Car Co. v. Westchester Fish Co., 105 Misc. 595, 597, 173 N.Y.S. 437, 438 (App. Term 1918) (“The practice has obtained in these damaged vehicle cases of allowing the cost of the actual hire of another vehicle similar to that damaged”).
This is the situation I am in (not with the Ascent (thankfully) but with another Subaru we own). The rental period is expected to be up to 10 days. Enterprise has four Imprezas in their regional fleet.
Some quick research uncovered a posting that listed some case law which I have yet to read through. Below is their posting. What are your thoughts?
---------------------------------------------
Virtually all states recognize the right of an automobile owner to recover damages for the loss of use of the damaged vehicle while it is being repaired. See, Kopischke v. Chicago, St. P., M. & O. Ry. Co., 230 Minn. 23, 30–31, 40 N.W.2d 834, 839 (1950); Hanson v. Hall, 202 Minn. 381, 387–388, 279 N.W. 227, 230–231 (1938); Restatement (Second) of Torts § 928(b) (1979); 4A Minn. Prac., Jury Instr. Guides–Civil CIVJIG 92.10.
I found no cases supporting ABC’s internal policy that it was only obligated to provide “transportation.”
I found several cases stating that the reasonable value of the loss of use of an automobile is measured by the rental cost of a comparable vehicle. See, e.g., AT & T Corp. v. Lanzo Const. Co., Florida, 74 F. Supp. 2d 1223, 1225 (S.D. Fla. 1999) (“loss of use damages are measured by the amount necessary to rent a similar article or other suitable article within which to perform the services usually performed by the damaged article during the period of repair”); Lewis v. Lawless Homes, Inc., 984 S.W.2d 583, 586 (Mo. Ct. App. 1999) (“The value of its use is the cost of renting a similar piece of equipment”); Papenheim v. Lovell, 530 N.W.2d 668, 673 (Iowa 1995) (awarding loss of use damages based on rental rate for full-size vehicles similar to plaintiff’s damaged full-size vehicle); Chlopek v. Schmall, 224 Neb. 78, 89, 396 N.W.2d 103, 110 (1986) (“The reasonable value of the loss of use of personal property is generally the fair rental value of property of a like or similar nature or the amount actually paid for rental, whichever is less”); Lamb v. R.L. Mathis Certified Dairy Co., 183 Ga. App. 455, 457, 359 S.E.2d 214, 216 (1987) (“plaintiff would be entitled to reasonable rental value of a comparable car for a reasonable length of time to have the body repairs completed”); Lenz Const. Co. v. Cameron, 207 Mont. 506, 509-10, 674 P.2d 1101, 1103 (1984) (“We do not disagree with using, as a general measure of loss-of-use damages, the reasonable rental value of a comparable machine for the period of time necessary for replacement”); Gillespie v. Draughn, 54 N.C. App. 413, 417, 283 S.E.2d 548, 552 (1981) (“The measure of damages to be recovered is the cost of renting a similar vehicle during a reasonable time for repairs”); Apostle v. Prince, 158 Ga.App. 56(2), 279 S.E.2d 304 (1981) (“The plaintiff expressed his opinion as to the reasonable rental value of a comparable car. There was sufficient evidence presented to allow the jury to determine damages for loss of use”); Roberts v. Pilot Freight Carriers, Inc., 273 N.C. 600, 607, 160 S.E.2d 712, 718 (1968) (“Ordinarily the measure of damages for loss of use . . . is the cost of renting a similar vehicle during a reasonable period for repairs”); Nat’l Dairy Products Corp. v. Jumper, 241 Miss. 339, 344, 130 So. 2d 922, 922-24 (1961) (“In short, loss of use of a repairable vehicle is measured by the reasonable rental value of a similar unit . . . This measure of damages for loss of use has the virtue of certainty and fairness, in that there can ordinarily be determined specifically the value of the loss of use, by ascertaining the rental value of a similar vehicle”); Naughton Mulgrew Motor Car Co. v. Westchester Fish Co., 105 Misc. 595, 597, 173 N.Y.S. 437, 438 (App. Term 1918) (“The practice has obtained in these damaged vehicle cases of allowing the cost of the actual hire of another vehicle similar to that damaged”).
