Legal Question in Business Law in California

A person backed into my car while it was parked, damaging the front bumper and hood. I am not able to use my car until it is repaired. I have been told that under California law, I am entitled to damages for loss of use of my vehicle during the time that it is being repaired.

However, I do not intend to use a rental vehicle while my vehicle is being repaired because I have another car that I can use. Given the fact that I can just drive my other vehicle while the repairs are being made to my primary vehicle that was damaged, am I still entitled to monetary compensation for loss of use?

I guess what I am asking is that in order to be entitled to damages for loss of use, is there a requirement that I actually rent a vehicle? Or am I entitled to these damages regardless of whether I rent a vehicle? Can I just drive my 2nd car and still be entitled to damages for loss of use of my primary vehicle?


Asked on 10/19/11, 7:57 pm

3 Answers from Attorneys

Yes, loss of use is loss of use. You had two vehicles for a reason. Now you lost use of one. You don't have to rent another one to have lost the value of having the one that was damaged. Expect push-back from the other person's insurance company on this though, and it may not be worth suing in small claims over. The simpler solution would be to go ahead and rent another car, and save the wear and tear on your second car.

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Answered on 10/19/11, 8:17 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. The law on loss of use is that loss of use is calculated as the reasonable rental price of a similar vehicle during the period that your vehicle is being repaired. I'm not aware of any rule that requires you to actually rent a vehicle, but I wouldn't be surprised if you get resistance on this issue from the insurer.

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Answered on 10/20/11, 4:06 am
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Yes, you can. Many people have two cars and use them in different ways. For instance, I have a "commuter" car that gets me in and out of the city and another that I don't want to put more mileage on than I have to.

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Answered on 10/20/11, 11:45 pm


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