Can I claim for long term rental if I’m unable to immediately buy a car with the options needed?

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Can I claim for long term rental if I’m unable to immediately buy a car with the options needed?

The vehicle was declared total loss and insurance company told the rental is no longer available. Unfortunately, the car we lost had some very specific options that we had customized and now to get a car with same specifics, we need to custom order which will take 8-12 weeks. This is our only primary car.The other party has accepted the liability. Is it possible to claim for the long-term rental?

Asked on August 1, 2017 under Accident Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is most likely not possible to successfully claim for this. The term "options" says it all: those are "optional" things or "nice to have" items; they are not in any way required. The other side or their insurer is not required to pay for an addition TWO TO THREE MONTHS of a rental because you want beyond the standard package; a court would not consider that reasonable in my experience.


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