Question
I was injured in a motorcycle accident. While my bike is in the shop being repaired, the other driver’s insurance company said they’ll pay for a $25 per day rental car. But I want them to pay for a rental motorcycle. Am I entitled to demand that?
Answer
Yes, if your motorcycle was damaged in an accident that was another driver’s fault, you are entitled to demand that the other driver’s insurance carrier pay for a rental motorcycle while your motorcycle is in the shop. If your motorcycle was deemed a total loss as a result of the collision, the insurance company must pay for a rental motorcycle until you receive the total loss check from the insurance company.
The other driver’s insurance carrier will likely not inform you of your right to a rental motorcycle. They would prefer you rent a car instead of a motorcycle. Why? A rental motorcycle can cost $150 per day, whereas a car can rent for $30 day. The other driver’s insurance company will save a lot of money if you rent a car instead of a motorcycle.
Why You Are Entitled To Rent A Motorcycle
Under California law, during the time that you are deprived of your property, you are entitled to rent a similar item. If your motorcycle was wrecked, a rental motorcycle is more similar than a rental car.
You’re Entitled To The Cost Of Renting A Motorcycle, Even If You Don’t Rent One
Even if you don’t rent a motorcycle after a crash that was someone else’s fault, you can demand that the other driver’s insurance carrier pay you for the cost of a rental motorcycle. This is called “loss of use.” Under California law, a vehicle owner is entitled to be compensated for the loss of use of property, even if the vehicle owner does not rent a replacement vehicle.
So if your motorcycle is in the shop for 14 days, you can demand that the other driver’s insurance company pay you $150/day x 14 days = $2,100. Even if you didn’t rent a motorcycle, you are entitled to this money.
Free Consultation On Motorcycle Loss Of Use
If the other driver’s insurance adjuster is giving you a hard time, and refusing to pay you fairly on your motorcycle loss of use claim, call McGee, Lerer and Associates for a free consultation. Don’t let the insurance company get away with taking advantage of you. Do not sign a property damage release until you have consulted with an attorney. McGee, Lerer & Associates has developed an expertise in representing motorcycle accident victims and demanding full compensation for their losses.