What is “Loss of Use” After a Car Accident?

Most individuals who are involved in a car accident may not understand all their rights when it comes to compensation for the loss of use of their vehicle. While filing a loss of use claim is complicated, knowing how the process works and what benefits you are entitled to can make life a little bit easier. Here’s everything you need to know about the loss of use claims:

What Defines a “Loss of Use” Claim?

When involved in a car accident that was caused by the negligence of another driver, individual or entity, you are entitled to file a loss of use claim to receive compensation for the loss of use of your vehicle while it is in the shop for repairs.

What is Loss of Transportation?

Loss of transportation is often confused with loss of use. The insurance company of the person who hit you may offer you a rental car while your vehicle is in the shop for repair. This is the only compensation for your loss of transportation. While the insurance company of the person that hit you may offer you a rental car, no law states that they are obligated to do so.

Often, people may not realize that it is the responsibility of your own insurance company to provide you with a rental car while your vehicle is being repaired.

Do I Lose My Right to Loss of Use Compensation if I don't Rent a Car?

No, you do not have to show a loss by renting a replacement car on your own behalf. Just being without your vehicle while it's being repaired entitles you to loss of use benefits and is a prerequisite to a loss of use claim.

Common Myths Relating to Loss of Use Claims

It’s critical to understand how loss of use claims work so you can receive the full compensation you are entitled to. Here are some common misconceptions that you should know:

  • To be entitled to loss of use of your car, it’s not necessary for you to be in the country or state while your vehicle is being repaired.
  • Loss of use is a property right, and you can choose to use your property whenever you want. Regardless if you were using your car or not when it was damaged, you are still entitled to a loss of use claim.

Keep in mind that you have the right to lend your vehicle to friends and family members, or sell your car. However, when your property is no longer in your possession or control, you cannot exercise the property rights as mentioned above.

Common Mistakes in a Loss of Use Claim

Handling a loss of use claim is complicated. You may be able to avoid a claim denial by ensuring you avoid the following:

  • Failure to notify your insurance company of the accident immediately following the incident.
  • Not keeping good records or notes of the accident details.
  • Not submitting proper documentation to the insurance company as requested.
  • Failing to enlist the assistance of a loss of use attorney.

Why You Need an Attorney to Assist in Your Loss of Use Claim

Most likely, you want to recover the maximum amount of money from your insurance company. While the monetary outcome for a loss of use claim depends on many different factors, taking on your insurance company alone is a daunting task.

An experienced attorney knows all the tactics that insurance companies may use to deny your claim. To ensure you receive the proper amount of compensation that you deserve, having a skilled attorney in your corner can make all the difference.

If you’ve been involved in a car accident caused by the negligent behavior or actions of another individual or entity, you may be entitled to recover compensation for the loss of use of your vehicle while it’s in the shop for repair. If you have questions about a loss of use claim, contact Weinstein & Scharf, P.A. at (954) 482-4534 for a free consultation today!

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