After a significant collision, you will likely be unable to use your car while it undergoes repairs. These periods without access to your vehicle can be frustrating and inconvenient. The loss of your ability to use and enjoy your vehicle is compensable under Florida law.
This loss is offset by any rental car provided, if a rental car is provided while your vehicle is being repaired. But, even if a rental is provided, you may still be eligible to recover for loss of use depending on the model of your car if you are not provided with a reasonable alternative.
The insurance company will argue that they only have to provide you with transportation regardless of the type of car your drive. The Collision Lawyer can help you navigate the legal hoops and get the most out of your claim.
Loss of use damages in Florida are often measured by the cost of transportation or a rental vehicle while your car is in the body shop for repairs after an accident. It is a claim filed against the at-fault driver’s insurance company to make a recovery for the inconvenience of being without your car as a result of the negligence of the at fault driver.
Even if you rent a car, you may be entitled to file a claim for loss of use for the period in which you are unable to drive your vehicle.
Loss of use claims are frequently rejected by many insurance companies. It is much more difficult to get the insurance company to pay a reasonable amount for loss of use than it is to get them to pay for diminishment in value. Such claims are much easier to establish when you have a high end, performance or unique vehicle, which you were deprived of using while it is being repaired.
Insurance companies will likely reject a claim for loss of use if they do not want to pay for a comparable high-end rental car, or if they feel the repair time was unreasonably long. Do not settle for a reduced or rejected claim, or for a rental car that is not on par with your high-end car.
As the owner of a high-end vehicle, you deserve reimbursement for a rental car that is similar to yours, and you deserve to use the body shop that can make the proper repairs. The Collision Lawyer can help you fight rejected or reduced claims.
The Collision Lawyer can help you prepare all the documentation you need for your loss of use claim. An accident report, invoices, quotes, appraisal and repair estimates are all helpful when filing a claim.
The insurance company may try to compensate you with less than what you are owed, if they offer anything at all. The Collision Lawyer will argue for the compensation you deserve.
If you have been in a car wreck and require legal assistance in filing a loss of use claim, contact The Collision Lawyer. Complete a form questionnaire for a free claim assessment.