In a claim does ‘ loss of use’ apply’
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
In a claim does ‘ loss of use’ apply’
I’m in Washington State and suffered a rear end on my motorcycle. Its been a year with no closure to the claim, but does a ‘Loss of use’ apply for the last 365 days?
Asked on April 1, 2019 under Insurance Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Do you mean loss of use of the motorcycle? If so, there is no claim for a year's loss of use: you can only potentially recover for loss of use for a "reasonable" time, which is generally the time it would take someone *with funds* to buy and register a new motorcycle or get the existing one repaired, if it is repairable--maybe 1 - 4 weeks, depending on circumstances. The law expects you to act reasonably to mitigate or take steps to reduce your loss, and does NOT take your personal financial circumstances (e.g. inability to buy a new motorcycle or repair the existing onewithout getting the proceeds of the claim) into account, because the other party (the driver who hit you) and his/her insurer is not responsible for and did not cause or control your lack of funds or savings and cannot reasonably foreee it--but another driver is only liable for what he/she could reasonable foresee or did cause. So you'd be expected, if you needed or wanted a working motorcycle to, as appropriate, pay to fix your motorcycle out of pocket or else buy a new one (while seeking reimbursemnt through the insurer of by bringing a legal action).
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.