Aston Martin DB7, DB9, DBS, Vantage V8, Vanquish, and Classic models

Got T-boned

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Old Apr 26, 2020 | 11:45 AM
  #121  
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Originally Posted by UBS13
If you are not at fault for the damages in California (i.e. a third party hits you) their insurance company will pay you for loss of use. State Farm paid me well over $600 per day (~1,000 per day) and hit the policy limit (of $50k) for a third party that hit my Aston. If their limit is low ($10k in rohnin's case) your insurance company will provide coverage, up to your uninsured/underinsured limit, since a third party was at fault. If you had a E63 AMG that was hit by a third party, it looks like the daily rental rate is $439 per day (in Los Angeles) so you could demand that. Its not insane, that's what happens.
So you’re telling that since the at fault party’s insurance has a $10k limit I can go through my own insurance for both diminished value and loss of use? I don’t have rental car on my policy and I didn’t rent a car since I have a daily.

Where can I get a rental car quote? I’ve tried calling Enterprise exotics twice and I never get a response, also from other rental agencies. They also don’t rent this model Vantage anymore
 
Old Apr 26, 2020 | 12:47 PM
  #122  
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Originally Posted by rohnin
So you’re telling that since the at fault party’s insurance has a $10k limit I can go through my own insurance for both diminished value and loss of use? I don’t have rental car on my policy and I didn’t rent a car since I have a daily.

Where can I get a rental car quote? I’ve tried calling Enterprise exotics twice and I never get a response, also from other rental agencies. They also don’t rent this model Vantage anymore
It just has to be a comparable rental car. It doesn't have to be the exact model or could even be a different brand. If you had an E63 AMG, but got a M5 rental quote, you could argue that is a comparable car/quote. I looked quickly and its hard to get a full quote online for a Vantage, I'm seeing a DB11 or a Rapide. You could call the ones below and get them to email you a quote and use the highest one.
The third party is in this case is "under" insured, so whether or not you have rental car coverage on your policy, should not matter. Your uninsured/underinsured limits would be the most important.
  • If you have an accident/are at fault and need to make a primary claim, then your insurance would not provide you a rental car, since you don't have it on your policy. They also never pay for loss of use on a primary claim when you were at fault. Its only paid out if a third party was at fault, like this instance.

You mentioned you paid a 1k deductible out of pocket. So it sounds like your insurance company paid for the recent repairs to the Aston and you will subrogate your claim (i.e. your insurance company made you whole for the repairs and will be responsible for going after the third party's insurance). The repairs and loss of use would normally all come out of the other persons 10k limit. Sounds like you had an issue with the initial repair cost with the other side or just started with your insurance to avoid the hassle.

I would have your lawyer (or speak to some other lawyers) and write a letter to your insurance company, so that a claim is opened and its assigned to an adjuster for DV and Loss of Use. You might have an open claim already due to recent repairs. You can call in and try to do it yourself, but everything will turn into a negotiation between you and the adjuster that is assigned. They will take it seriously out of the gate with the lawyer (if you can still pursue a claim this late in the game) and there will be much less back and forth. You need to get the DV report finalized (you said the appraisal is in progress) and Rental Car Quote to get the ball rolling. That total will be your demand.

You are really just using the lawyer at $300+ an hour to write the letter/be front facing with the insurance company. I had lawyers push back and say the same thing about BK etc. They either want contingency (percentage of the proceeds) or don't want to take on a new client for a minimal amount of hourly work. Its easier if you have already worked with somone in the past or get a good referral.





 
Old Apr 27, 2020 | 08:12 PM
  #123  
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Originally Posted by UBS13
It just has to be a comparable rental car. It doesn't have to be the exact model or could even be a different brand. If you had an E63 AMG, but got a M5 rental quote, you could argue that is a comparable car/quote. I looked quickly and its hard to get a full quote online for a Vantage, I'm seeing a DB11 or a Rapide. You could call the ones below and get them to email you a quote and use the highest one.
The third party is in this case is "under" insured, so whether or not you have rental car coverage on your policy, should not matter. Your uninsured/underinsured limits would be the most important.
  • If you have an accident/are at fault and need to make a primary claim, then your insurance would not provide you a rental car, since you don't have it on your policy. They also never pay for loss of use on a primary claim when you were at fault. Its only paid out if a third party was at fault, like this instance.

You mentioned you paid a 1k deductible out of pocket. So it sounds like your insurance company paid for the recent repairs to the Aston and you will subrogate your claim (i.e. your insurance company made you whole for the repairs and will be responsible for going after the third party's insurance). The repairs and loss of use would normally all come out of the other persons 10k limit. Sounds like you had an issue with the initial repair cost with the other side or just started with your insurance to avoid the hassle.

I would have your lawyer (or speak to some other lawyers) and write a letter to your insurance company, so that a claim is opened and its assigned to an adjuster for DV and Loss of Use. You might have an open claim already due to recent repairs. You can call in and try to do it yourself, but everything will turn into a negotiation between you and the adjuster that is assigned. They will take it seriously out of the gate with the lawyer (if you can still pursue a claim this late in the game) and there will be much less back and forth. You need to get the DV report finalized (you said the appraisal is in progress) and Rental Car Quote to get the ball rolling. That total will be your demand.

You are really just using the lawyer at $300+ an hour to write the letter/be front facing with the insurance company. I had lawyers push back and say the same thing about BK etc. They either want contingency (percentage of the proceeds) or don't want to take on a new client for a minimal amount of hourly work. Its easier if you have already worked with somone in the past or get a good referral.
Best response I’ve ever received. Thank you

I guess I’ll look into a one-day rate for a Porsche 911 (I mean I can’t ask for a quote from the actual days it was in the shop, right? Or an estimate for the actual 449 days?) and get that DV report done. Then I submit both to my insurance company? I do have good underinsured coverage. Only problem is finding a lawyer if I need them to write a letter. I’ve called many and nobody wants to help at all
 
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