Originally Posted by
IAHtraveler
Have they provided you with a fleet utilization report for the time the car was being fixed?
Their letter includes the following comment on loss-of-use (all emphasis from original):
"Alabama law does provide the collection of loss of use and does not specify the requirement of 100% utilization ... Our loss of use is determined as follows. Our utilization for November 2010 was at 56.2%. The average daily vehicle revenue was $39.74. The car was in the repair facility for five days ... $39.74 x 5 x .562 = $111.67."
Originally Posted by
IAHtraveler
Back to the original "diminished value": Can you search the internet to see what really is the "generally accepted" calculation? And also require Avis to show you where in the contract that it states they can charge this to you?
I think the strongest argument is to ask where in the contract it requires us to pay for diminished value. I certainly can't find it anywhere. Respecting the calculation itself, it actually seems fairly conservative compared to some that I've discovered in my research. (Though, to be fair, all of those were on plaintiff attorney websites.)