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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3737
Experience:  30 years of experience
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I require a wheelchair accessible vehicle. My vehicle is in

Customer Question

I require a wheelchair accessible vehicle. My vehicle is in the shop for 12 days for a insurance related damage. I have Rental Car Coverage but my insurance company States they won't pay for a wheelchair accessible vehicle or pay the extra money it cost to obtain a wheelchair accessible rental vehicle. Is This legal? I live in the state of Michigan.
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

This question is controlled by the federal Ameircans with Disabilities Act. Title III of the Act prohibits private companies from discriminating agaginst a person with disabilities in regard to the sale of pructs and services. The US Department of Justice has been aggressive in pursuing rntal car comanies for not providing accessible vehicles and recently entered into a settlement agreement with one of the larger rental car companies. See:

http://www.ada.gov/enterprise_sa.htm

This is a strong indication favorable to your position. However, it is a little less clear as to how the ADA is being applied to auto insurance companies and the car rental coverage uder their policies. It appears that federal courts have been mixed in their determination. This lask of clarity should not deter you however. You can file discrimination complaints with both the US Department of Justice as well as Michigan's Civil RIghts Office:

http://www.ada.gov/t3compfm.htm

http://www.usccr.gov/pubs/crd/stateloc/mi.htm

It costs you nothing to file these complaints.

Here is a link to a Law review Article that discusses this issue in detail:

Are Insurance Companies Liable under the Americans with Disabilities Act - Berkeley Law Scholarship Repository - University of California, Berkeley

scholarship.law.berkeley.edu › viewcontent

It is a PDF and should download. If it does not Google it and the link should appear.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.