19 year old smashed into the back of my car in traffic due to texting. she is insured through liberty mutual. I have a new Volvo wagon and was leaving on vacation the next week. liberty mutual wont provide a similar vehicle with the storage and will only provide a sedan and I have to pay the difference to get a car large enough for luggage and golf clubs. can I sue the insurance company or the person who caused the crash to get the difference in rental car cost? I should not have to incur any expense for her carelessness.
What you have to understand is that the other driver's insurance company is not your insurance company and owes you nothing until a court of law says the driver is responsible and for how much.
Until then the other driver's insurance rep can offer you what he/she believes you are entitled to which, in this case appears to be basic transportation which would likely have sufficed if your vacation trip weren't at issue.
If you believe you are entitled to a vehicle similar to your own you will have to rent it, use it for the period that your car is not available, then sue the other driver and prove to the judge that you were entitled to a greater amount.
I have not been able to determine if Ohio has any case law on the matter and the law in other states isn't going to help you but I show it to you just for illustrative purposes.
"The nature of "loss of use" damages is described in California Jurisprudence Third as: "The measure of damages for the loss of use of personal property may be determined with reference to the rental value of similar property which the plaintiff can hire for use during the period when he is deprived of the use of his own property." (23 Cal.Jur.3d, Damages, § 69, pp. 129-130"
Notice the word "similar."
You will have to do your own research, or have a lawyer do it, for Ohio.
Or, if you have Rental Reimbursement on your own policy you might have X dollars per day for Y number of days that could allow you to rent the car of your choice.
I should not have to incur any expense for her carelessness.
In a perfect world you wouldn't. But we are not in a perfect world and nobody is ever happy with the compensation received for an accident claim.
