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Old 01-29-2013, 08:23 PM
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08 335Ci 08 335Ci is offline
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Location: Pocono Mts. Pa USA
 
Join Date: Nov 2011
Posts: 172
Mein Auto: 2008 335Ci
Quote:
Originally Posted by lqaddict View Post
Hello my fellow bimmerfesters.
I am in need for a legal advice, specifically my course of action in filing a small clams court lawsuit.
Here is what happened.
My car is a lease (36 month term started in October 2011), on January 5th 2013 my car was involved in a car accident and 100% fault has been assigned to another party.
My car is still in the shop being repaired, and by the time I might get my car back I would be out of it for more than a month.
My understanding of lease vs finance situation is that the lease is a rent as opposed to the financing (ownership). Now I am trying to get another company to reimburse me for the lease payment I incurred for the month my car is at the shop being repaired and not used by me. And it does not look like we are on the same page - so am I being unreasonable to request being reimbursed for my lease payment for the month my car is in the shop because it wasn't my fault?
Should I file the lawsuit against the other insurance company or their insured?
Thank you,
What you'll probably have to do is make the payment and talk with your insurance company. They'll negotiate for you. If your insurance has a 'loss of use' clause, you're set.

Insurance companies don't want to go to court unless they have to, especially if they're going to loose. An example: My wife was stopped for traffic trying to enter the local interstate when she was rear ended. The shoulder strap fractured her clavical so she was out of work for a bit. Rather then facing a lawsuit, the at fault's insurance paid for the work she missed AND all the overtime she missed! She also got pain and suffering tacked on.

You don't have to sign off until you're satisfied.
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