Legal Question in Personal Injury in California

Loss Of Use

What is loss of use, how is it calculated, my car has been in the shop for 8 days,

no use of rental!,

Apreciate any help!


Asked on 8/14/06, 1:07 am

2 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: Loss Of Use

What is loss of use? Loss of use is a term that means you could not use your vehicle. In other words, your vehicle is out of commission and you cannot use it. Simple enough.

how is it calculated? That is a good question. Rule of thumb is find out what your car rents for from Enterprise, Hertz or someone like that and multiply it times the number of days the car is out of use. Now, what is out of use? Basically, the number of days the car is not safely drivable plus the number of days the car is in the shop.

The insurance company will fight you on both the dollar per day price plus the number of days. You need to document your claim and do not sign a release unless loss of use is included.

For more on loss of use, you may want to visit my blog, http://www.calpiblog.com If you need help calculating this or have questions, feel free to contact my office.

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Answered on 8/28/06, 6:27 pm
Terry A. Nelson Nelson & Lawless

Re: Loss Of Use

Basically, the cost of getting an appropriate rental car. It's one of the items to claim when the entire case gets resolved. IF this is part of a personal injury action, you should get counsel. Feel free to contact me.

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Answered on 8/28/06, 8:22 pm


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