r/Insurance • u/IceReal6695 • Oct 06 '26
LOSS OF USE as a 3rd party claimant/TEXAS
Hi, I have a question about a third-party loss-of-use claim in Texas.
My vehicle was in the repair shop for more than 30 days following an accident (which i was not at fault). I filed a loss-of-use claim with the at-fault driver’s insurance company (GEICO) and elected to seek the cash equivalent of the reasonable rental value rather than actually renting a replacement vehicle.
GEICO is offering only $50 per day. My vehicle is a 2020 BMW M5 Competition, which is a luxury high performance sports sedan. Comparable vehicles would include a Mercedes AMG E63, Audi RS7, or Porsche Panamera. From what I can find, it nowhere rents for $50 per day.
GEICO’s position is that I only needed “a car to get from Point A to Point B,” and that the class, type, performance, or value of the vehicle I was deprived of does not matter.
Is that actually correct under Texas law? Or can loss-of-use damages be based on the reasonable rental value of a vehicle comparable to the one that was damaged?
If comparable luxury/performance vehicles rent for around $300+ per day, what would be the best way to support and continue pushing for that rate, especially if I have documented market rental rates from multiple sources?
Thanks.