Should Ins Co. pay for loss of use?

[BSJM]

What is the name of your state (only U.S. law)? CA

I was involved in a motorcycle accident with another vehicle at the end of August. I won't go into the details as they were covered in a previous post. The police report shows the other driver at fault and his insurance company is handling the claim right now. It's been over a month and nothing has been resolved. They have taken my statement and have inspected my motorcycle's damage. I'm getting a little upset because I don't know whether to begin fixing the damage or not. The cost of parts and labor involved will certainly come close to the bikes value, so I'd expect they will total it. I would prefer it gets fixed. Either way I'm unable to use the bike until it's repaired or replaced. The bike is a Honda CT-70. It's a classic street legal on/off road mini bike. I use it on camping trips and around town for errands to save on gas. Do I have the right to be reimbursed for my loss of use? If so, how do I arrive at a fair figure? The cheapest I've seen to rent a full size motorcycle is $95/day. I've never seen anyone rent what I've got. I know cars can be rented for as little as $20/day but a car is not comparable.

 

[JustAPal00]

If you rent a bike to replace it, you can get reimbursed, but no you can't get reimbursed for expenses you don't actually incur!

 

[ecmst12]

You are entitled to basic transportation, not comparable transportation.

 

[tranquility]

He is entitled to be made whole. This is not the OP's insurance company who has a contractual agreement with him which limits compensation, this is the other party's insurance.

If you are not made whole, don't agree to a settlement and sue the one responsible.

Now that the insurance company tries to give you an amount not so below your actual damages in order to make you consider a lawsuit prohibitive is a different question.

 

[ecmst12]

If he does not rent a car because this vehicle is not his primary means of transportation, he is not entitled to anything for "loss of use". He can only be compensated for actual expenses incurred.