To what degree is the at fault party required to compensate for damages to our vehicle?
There are the obvious towing and repair costs, and costs to compensate for loss of use and enjoyment of the damaged vehicle. However, how far do these compensation costs extend?
Would the following principals hold up in a statement of claim?
Hire vehicle whilst damaged vehicle is unavailable for use
Which of the above costs /principals form a legitimate claim for damages against the other, at fault, party. Are there any other damages to consider for compensation? (no personal injuries incurred - other than perhaps emotional distress and discomfort that we'll put aside )
There are the obvious towing and repair costs, and costs to compensate for loss of use and enjoyment of the damaged vehicle. However, how far do these compensation costs extend?
Would the following principals hold up in a statement of claim?
Hire vehicle whilst damaged vehicle is unavailable for use
- this vehicle must be at least of a similar type to the damaged vehicle
- it may be a small two door hatch, a seven seater SUV, or a truck
- must have similar insurance coverage to the damaged vehicle. ie, if the excess on the damaged car is $600, then the hire car should have an excess of no more than $600. (many hire car companies have single vehicle excesses or excesses where the other party cannot be identified of $2000 or more.)
- costs associated with reducing the excess on the hire vehicle to a level no worse than that of the damaged vehicle are damages payable by the at fault party
- costs to travel from the accident site to home
- costs to and from the smash repairer
- costs to and from the car hire location
Which of the above costs /principals form a legitimate claim for damages against the other, at fault, party. Are there any other damages to consider for compensation? (no personal injuries incurred - other than perhaps emotional distress and discomfort that we'll put aside )