Expert: Ron Cercone - 6/24/2011

Question
My question involves insurance law for the state of: California

I got into a single vehicle accident in an exotic car rental.  My insurance has fully paid out ~$16K worth of damages to the vehicle.  However on the original rental contract, there is a $5k wreck fee associated with car rentals for loss of use.  Here is the relevant portion of that contract

LOSS OF USE - In the event of any damage to a Vehicle requiring repair, a loss of use fee shall be charged.  This fee is calculated as one (1) day's weekend rental fee per week the Vehicle is out of service up to one (1) month, after which the Wreck Fee applies, as set forth below.

WRECK FEE - In the event of any damage to a Vehicle in excess of minor damage, as set forth below, as a result of accident or otherwise, the Client must pay a fee in the amount of $5000 if the Client is found to be at fault.  This fee is NOT part of an insurance deductible, but instead a paid deposit to Club Sportiva for added Vehicle depreciation due to damage and inconvenience to other Clients during repairs.  Club Sportiva also reserves the right to bill for loss of use if Vehicle "down time" exceeds a reasonable repair time.

My insurance would not cover my liability for that fee, but has pointed out that they cannot legally charge me this according to California Civil Code 1936 section c).  The current bill seems very vague about loss of use charges, but section c) and d) implies that they cannot legally charge me for liability beyond the repair of the vehicle.   

I'm not sure what they mean by loss of use here and I'm not sure whether this means I am liable for this or not.  But I do know in 2001, loss of use was explicitly removed from section b) of 1936.

Can you answer any of the following questions:

1) Do I have a case to get my money back in court?
2) Any idea if rental companies can charge for loss of use in California
3) Is my insurance company liable for loss of use charged to me?

Any help is much appreciated, thanks!

Here is a link to the current civil code 1936
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=1936&hits=...

Answer
First, I say get a lawyers advice. That said, I read the code as saying you owe loss of use IF it is in the rental contract. it might be easiest to just let them sue you in small claims court and let a judge decide what you owe, if anything.

Ron Cercone
http://www.UClaim.com