Loss of use refers the to the loss of your ability to use and enjoy your car as a result of an accident caused by someone else’s negligence. This is compensable under Florida law under the at fault driver’s property damage coverage.

In most cases, this covers the cost of a comparable car rental, but you don’t always need to rent a car to file a claim.

Insurance companies will do everything they can to avoid paying a claim and loss of use claims are among some of those most commonly denied. In many cases, you’re lucky if the insurance company even recognizes a loss of use claim as viable. There are many different reasons why the insurance company may reject a loss of use claim. It’s possible that the at fault driver’s property damage coverage has been exhausted when paying for the costs to repair your vehicle. Depending on the type of vehicle you have, the rental provided while repairs were being performed may have been considered a reasonable replacement and so the insurance company will argue that there is no loss of use.

The insurance company will say that they are required only to provide you with transportation while your vehicle is being repaired. If you drive a Lamborghini Gallardo and they offer a Nissan Sentra as a rental that disparity could qualify you to make a recovery for loss of use. Sometimes claimants choose to rent their own replacement vehicle while awaiting the completion of repairs on their car. The insurance company should compensate you for the costs you incurred as loss of use.

You are not required to rent a car in order to recover for loss of use. Many insurance adjusters will argue otherwise but, under Florida law, loss of use is not based on “need.”