Expert: Bennie719 - 12/26/2007

Question
My leased vehicle (2006 Infiniti M45, 25k miles) was rear-ended in an accident back in October.  The car is still in the shop because there was initial damage to the bumper but additional damage was discovered when the bumper was removed and parts had to be ordered at least twice.

During the entire time the vehicle was/is in the shop the car was (barely) driveable, but I was still making monthly lease payments (~$900/month).  Since the value of the lost lease time adds up to quite a bit of $$$, is there any way I can try to recoup this loss from the at-fault party's insurance company?  If so, what's the best way to do this, or am I SOL?  

My insurance company's hands are tied since it says it's legally limited to recouping only what it pays out and can't help with additional recoupment.  I'm debating whether to retain my own lawyer and go after the at-fault party's insurance company or deal directly with the other insurance company without using a lawyer.

Answer
Hi Dana,
Your own, or the at fault insurance company should be providing you with a rental car while your car is in the shop.
This would be considered as reimbursement for 'loss of use'.  I am not aware of any law or method that would allow you to recover your monthly lease payment.
Depending on the amount of damage, you may be able to recover 'diminished value' from the at fault insurance company because this damage will show on a carfax report and lower your resale or trade-in value.  You will need to hire a specialist to determine the true amount of diminished value.  Your own insurance company should be able to provide several referrals.
I hope this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area