Expert: Richard Hixenbaugh - 5/18/2010

Question
With great interest, I reviewed your commentary dated 4/10/2009 including the word "comparable" with respect to rental car replacement transportation. Can you supply the legal basis for your usage of the term "comparable?" I do not see the specific requirements for insurer performance on car rentals among the "hits" I get in internet inquiries.  I will appreciate your earliest reply. Thank you.

Answer
Hi Jim,

Each state would or may treat this topic differently. There have been many cases that have defined what type of rental car someone is entitled to. Most of them define it as a comparable vehicle. The problem comes in when you try to define comparable. Some courts have said that comparable means the same or similar type of vehicle. So if you drive a Mercedes you get a Mercedes or something comparable. Others have said that comparable means the same function and utility. So if you drive a 4 door Mercedes that can carry 5 passengers, then you get any car that has 4 doors and can carry 4 doors.

To find out what the specific rules would be in your state you would need to speak to an attorney in your state, contact your state insurance department or research cases that specifically address rental car reimbursement.

I hope this helps
Richard Hixenbuagh