What to do if I’m trying to claim loss of use for an accident I had 2 months ago?

UPDATED: Nov 12, 2013

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What to do if I’m trying to claim loss of use for an accident I had 2 months ago?

My car has been in the shop but I have not rented a car. I had to rely on the good grace of getting rides and sometimes had to miss work because of this. The insurer of person who hit is trying to offer me $10 per day for a total of 25 days. Should I accept?

Asked on November 12, 2013 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the person who hit you was at fault in causing the accident (so, for example, driving negligently or carelessly), then they would potentially be liable for your out-of-pocket costs or losses due to the accident. Unfortunately, they are not liable to pay you if you choose to do things that make your loses worse (like missing work, rather than rentiing a car, taking a bus or taxi, etc.--that was your choice to do); and they are not liable to pay you if you voluntarily choose to go without spending money (like relying on the "good graces" of other people, instead of renting).

If you had rented, you'd be in a good position to recover the rental cost. Having chosen to not rent, however, there is a good chance that you cannot recover for "loss of use." The $10/day for 25 days may therefore be more than you would in fact win, for "loss of use" in a lawsuit.

On the other hand, if the other driver was at fault, you should be compensated for the cost to repair you car, and if they are not offering that, you should strongly cosider suing.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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