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Old 01-29-2013, 09:12 AM
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Orient330iNYC Orient330iNYC is offline
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Location: Wall St
Join Date: Jul 2002
Posts: 7,881
Mein Auto: Daihatsu Terrios
Originally Posted by lqaddict View Post
My insurance provides the coverage ($30/day up to $900 limit per incident), and I incurred out of packet on that as well - the other insurance company will reimburse my insurance company and me if the rental is of the same class as my car - I am told Toyota Corolla is in my class, I am trying not to laugh.
Originally Posted by lqaddict View Post
If I leased a beat up Corolla I'd agree

i do not believe you have any legal grounds to sue for the lease payment-- they have to make you whole, in this circumstance, by providing transportation (the rental car). i do not believe NYS insurance regs require them to provide you with a same caliber rental, just same class (compact, a 3 and a corolla are the same size class).
it sucks, but IMHO, you have no grounds for a lawsuit to recover your lease payments. you had payments before the accident, that continues.

you can try arguing with your insurance company to put you into a better car, which they'll subrogate over to the other ins company, but thats pretty much the limit of what you can do
Past: 2001 330i ZSP/ZPP/Step
Past: 2004 S60R 6MT Sport
Past: 2007 335i 6MT ZSP/ZCW/322/655
Past: 2010 335xi ZMP/ZCW/ZPP/PPK/PE
Past: 2013 335i 6MT ZMM/ZDH/ZTP/3AG/494/508
Present: 2016 F34 335i xDrive ZCW/ZDA/ZDH/ZTP/ZMP/2V5/5DL

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