Legal Question in Personal Injury in California
loss of use
i was involved in an automobile accident in May, my carrier was unable to locate the at fault party, so I filed SR-19, my car was in the shop for 3 months, i located the at fault party (whom also have the same carrier as mine) they paid for my car damage. can i get loss of use during those 3 months? if not, is there anything i can get?
2 Answers from Attorneys
Re: loss of use
Loss of use is a legitimate claim for damages. Usually it is limited for one month, or until they make you an offer to settle for the property damages.
Re: loss of use
Loss of use is indeed a proper item of damages to claim in such a situation. Even if you did not rent a car, the reasonable value of car rental for that period can be the basis for a claim for what the value of your loss is. They will negotiate you downward from there, but sure, make the claim.
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