by Mary » Sat May 30, 2009 12:57 am
What is the Georgia Code section that requires payment for loss of use? I'm being told the ins. co will only pay for the 4 days the body shop worked on the car, not the 5 weeks I have been without a vehicle since the accident. (The vehicle was at the body shop the entire time)
Posted: Sat May 30, 2009 03:26 am Post Subject:
I'm being told the ins. co will only pay for the 4 days the body shop worked on the car
That's probably correct...if it was a four day job...then why on earth5 weeks I have been without a vehicle since the accident. (The vehicle was at the body shop the entire time)
Why was the vehicle in the shop 5weeks for a four day job? That will help us answer the question.....You'll need to explain this further so we can be of better assistance to you....because the way it's stated in your post just isn't making sense to me...Posted: Sat May 30, 2009 11:07 am Post Subject:
Hi Mary,
Welcome to our community forums!
Please go through the following thread and see if it's of any help towards understanding the loss-of-use scenarios-
http://www.ampminsure.org/auto/loss-of-use.html
(The vehicle was at the body shop the entire time)
The confusion lies over here. Why did the car stay at the body shop for all this while? The thing that you couldn't use the car for so long also demands an explanation even though both the things could actually be inter-linked.
Steven
Posted: Sat May 30, 2009 11:58 am Post Subject: Georgia code
The car was towed from the site of the accident to the body shop/garage. It took over 3 weeks for the insurance co. (the other driver's carrier) to decide to not total the car and fix it. Then, the body shop was given the go ahead to fix the car. They ordered the parts and fixed it...I went to pick it up this week when it was ready, to be told the insurance adjuster would have to come back next Monday and sign off on the job. It has been so frustrating to be without a vehicle. The driver of this car is not 21, so did not get a rental car. I think there should be some compensation for all the weeks she was without her transportation, but know I need something legal to back me up. I've found the Georgia rules and regs from the Insurance Commissioner, but they are pretty vague and can be left open for interpretation.
Posted: Sat May 30, 2009 12:35 pm Post Subject:
The driver of this car is not 21, so did not get a rental car
Now who told you they wouldn't rent her a car? a rental company? your carrier? or assumption? Some states they won't...in my state, if it's 3rd party, and guaranteed payment by the at fault carrier then I can get anyone over 18 in a rental...this in no way means it could have happened in your state...but it makes a difference, if she was offered one..On the other hand had they paid rental for this long would that have pushed the vehicle over the edge into totaling?
Posted: Sat May 30, 2009 01:01 pm Post Subject:
If you Google "gainsurance.org", you will turn up a site for the insurance commissioner. Click your way through to the auto insurance FAQ section. You will find subsections there on both "loss of use" and "diminished value" in Georgia. There's also a thread on this site for "loss of use" in Georgia, which began 5/13. Sounds to me like you might be able to "loosen up" the adjuster by asking what happened to your "diminshed value" claim. Mike has graciously outlined a formula for calculating "dv" in Georgia in the "diminished value" thread on this page. I'd pay right smart on car rental to avoid dealing with it.
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