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I require a wheelchair accessible vehicle. My vehicle is in

Customer Question
the shop for 12 days...
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
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Answered in 20 minutes by:
3/9/2016
Lawyer: Gerald, Esq, Lawyer replied 1 year ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,295
Experience: 30 years of experience
Verified

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.

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

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.

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Category: Legal
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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