Detailed answer
Short answer: Under Maryland law, you can recover loss-of-use damages for your car from the at-fault driver (or that driver’s insurer) by proving the vehicle was unavailable because of the accident, documenting the reasonable rental value (or rental/transportation expenses) for the time your car was out of service, and making a timely demand or filing suit if the insurer refuses to pay.
What “loss of use” means
Loss of use compensates you for the value of being deprived of your vehicle while it is being repaired or while you search for a replacement after a total loss. It is not a penalty; it reimburses the reasonable cost to obtain a substitute vehicle or transportation for the period your car was unavailable.
Who has to pay?
The driver whose negligence caused the accident (or that driver’s liability insurer) is responsible for property-damage losses, including loss of use. If you have rental reimbursement coverage on your own auto policy, that can provide immediate rental benefits, but it does not prevent you from pursuing loss-of-use damages from the at-fault party.
How to prove and calculate loss-of-use
- Establish the period of loss. Use repair-shop work orders, repair invoices, tow bills, or a total-loss valuation letter to show the dates your vehicle was unavailable. If your car was a total loss, the period runs from the date of the accident until the date you reasonably could have replaced the vehicle.
- Show reasonable rental value or expenses. The usual measure is the reasonable rental value of a comparable vehicle for each day of loss. Keep actual rental receipts if you rented. If you did not rent, document local fair-market daily rental rates for similar cars during the loss period and multiply by the number of days.
- Document mitigation. You must show you took reasonable steps to limit your loss. That can mean choosing a reasonable rental option or using available alternate transportation where appropriate. If you unreasonably chose an expensive luxury rental, the insurer may refuse the portion that exceeds a reasonable substitute.
- Compile supporting records. Include: repair estimates and invoices with dates the shop expected the car to be in for repairs; rental receipts; communications with the insurer; tow and storage invoices; and evidence of local rental rates (screenshots or quotes).
Practical steps to make a claim
- Report the accident to both insurers. Notify the at-fault driver’s insurer promptly. If you have rental reimbursement coverage, notify your insurer so you can get interim transportation.
- Get a firm repair timeline or a total-loss valuation. Ask the repair shop or appraiser for written start/end dates or an estimated out-of-service period.
- Collect receipts and records. Save all rental contracts, receipts, repair orders, tow bills, and photos.
- Send a written demand. Submit a clear demand to the at-fault driver’s insurer with a cover letter, itemized loss-of-use calculation, and copies of supporting documents. Ask for a response and set a reasonable deadline.
- If the insurer denies or undervalues the claim, consider suit. If the insurer refuses payment, you can sue the at-fault driver in Maryland District Court or Circuit Court depending on the amount in controversy. For small disputes, Maryland District Court handles smaller civil claims (see court resources below).
Timing and deadlines
Most tort claims for property damage in Maryland must be filed within the state statute of limitations. Generally, the statute that governs personal actions, including torts, provides a three-year deadline from the date of the injury or discovery of the injury. See Maryland Courts & Judicial Proceedings § 5-101 for the statutory limitations framework: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=cj§ion=5-101. Missing the deadline can bar your claim.
Important Maryland rules and practical considerations
- Maryland follows a strict fault rule for negligence claims: if you were even slightly at fault, it can affect or bar your recovery under contributory negligence principles. This is a legal doctrine applied by Maryland courts rather than a statute, so be cautious—if liability is disputed, consult an attorney early.
- Insurers will usually request documentation and may question reasonableness. Be ready to justify the rental rate you claim and the length of time you say the vehicle was unusable.
- If you had rental coverage on your policy, using it can reduce delay, but the at-fault insurer may seek reimbursement from you if it later pays the loss-of-use claim—coordinate carefully.
Example calculation (hypothetical)
Your car was in the shop 12 days. Comparable local rental cars cost $35 per day. Calculation: 12 days × $35/day = $420. Attach the repair invoices showing the 12 days and the rental rate evidence when you demand payment from the at-fault insurer.
When to talk with an attorney
Consult an attorney if liability is contested, if the insurer denies loss-of-use, if the amount is significant, or if contributory negligence may be an issue. An attorney can help collect evidence, draft a demand or complaint, and advise whether to accept a settlement or sue.
Helpful Maryland government resources
– Maryland Courts — Small Claims & Civil: https://www.mdcourts.gov/selfhelp/smallclaims
– Maryland General Assembly (statute of limitations reference): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=cj§ion=5-101
– Maryland Insurance Administration (consumer information): https://insurance.maryland.gov/Pages/default.aspx
Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Maryland attorney.
Helpful Hints
- Start documenting immediately: photographs, repair orders, tow receipts, and written rental quotes help your claim.
- If you rent, keep every receipt and the rental agreement showing dates and daily rate.
- Ask the repair shop for a written estimate with start and expected completion dates.
- If you don’t rent a car, still document local daily rental rates for comparable vehicles to support a reasonable loss-of-use amount.
- Send a concise, itemized demand packet to the at-fault insurer early; include a deadline for response.
- Keep a copy of all communications with insurers and the other driver—note dates, times, and names of the representatives you speak with.
- If the at-fault insurer delays, consider filing in Maryland District Court for faster resolution of smaller claims—use the Maryland Courts self-help pages for forms and procedures.
- If liability is disputed or your claim is large, get a Maryland attorney involved soon to protect your rights under contributory negligence law.