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A loss of use claim is a claim filed against the defendant’s insurance company when a plaintiff can’t drive their car after an accident because it is in the shop. Once you find out how long your car will be in the shop you contact the defense’s insurance company and they will rent a car for you that is comparable to the one you usually drive.
Some clients run into issues where they are unable to rent a car because they are underage (you must be at least 25 years old to rent a car). When this happens, and it does, then the plaintiff must find other forms of transportation such as lyft or uber and keep their receipts. The plaintiff can then turn their receipts into the defendant’s insurance company and they will reimburse them.
A loss of use claim can also be filed if the plaintiff uses their car for work. If a plaintiff uses their vehicle for work and then the vehicle is damaged in an accident that was no fault of their own they can file a loss of use claim. The loss of use claim in this instance would allow the plaintiff to prove the loss of income due to not having their vehicle. That loss of income would then be reimbursed from the defendant’s insurance company.
If you have questions about your personal injury case, you can either call 407-565-7386, text us at 407-644-4444, or email us at kmc@cullen-hemphill.com. We are always happy to offer a no obligation, free consultation to discuss your case with you. There are also a number of different videos available on our YouTube channel, https://www.youtube.com/channel/UCz5kDuiaR6fOfBBkdXH1STQ and our website, https://cullen-hemphill.com/, that may answer more of your questions.
