Detailed Answer
After a crash in Missouri, you can pursue loss of use damages to recover the value of not having your vehicle while it was being repaired or replaced. Missouri law allows recovery for actual economic losses caused by another person’s negligence. To prevail you must show (1) the other party was legally responsible for the accident, (2) your car was rendered unavailable because of the accident, and (3) the value of that unavailability (the measurable loss of use).
Who you claim from
There are two typical routes:
- Make a third‑party claim against the at‑fault driver’s liability insurer.
- Make a first‑party claim under your own collision/rental reimbursement coverage (if you have it) and then seek subrogation from the at‑fault insurer.
What counts as loss of use
Common measures of loss of use include:
- Actual rental car costs you paid while your vehicle was unavailable.
- The reasonable daily rental value of a comparable vehicle for each day your vehicle was out of service (even if you didn’t rent one), provided you can document that loss.
- Other objectively measurable transportation costs incurred because your vehicle was unavailable (e.g., repeated rideshares, taxi fares, train or bus fares directly caused by the loss of your car).
Missouri courts and insurers will generally require proof of the loss’s reasonableness and causation. Unspecified inconvenience or vague claims of “not being able to use the car” are unlikely to recover money without supporting evidence.
How to document and prove loss of use
Good documentation is essential. Collect and keep the following:
- Repair shop estimates and invoices showing the dates vehicle was in the shop and the nature of repairs.
- Written statements or estimates from the repair shop stating how many days the vehicle was unavailable for use.
- Receipts for rental cars, rideshare/taxi fares, public transit, or other transportation expenses during the repair period.
- If you did not rent a replacement, a written explanation and proof of why you didn’t (for example, no comparable rental available, or you elected not to rent but can prove rental value by market rates or rental company quotes).
- Photographs of the damage and any police report to establish the accident and responsibility.
How insurers and courts typically measure the amount
Insurers often pay the actual rental you incurred. If you did not rent, insurers or courts may award a reasonable rental value for the vehicle type and the specific time the car was unavailable. That value should be supported by rental company rates, local market quotes, or published daily rental values for comparable vehicles.
Steps to make the claim
- Immediately document the crash: photos, police report, witness contact info.
- Get a written repair estimate and ask the shop to state the estimated repair period in days and the actual dates worked on the vehicle.
- Keep all receipts for rental cars or alternative transportation and maintain a log of days you lacked the vehicle and how you were impacted.
- Submit a written demand to the at‑fault driver’s insurer including: a statement of liability, repair invoices, repair shop timeline, rental receipts or rental value calculation, and a clear total demand for loss of use damages.
- If the insurer denies or offers an inadequate amount, request a written explanation and preserve all communications. If necessary, consider filing suit—Missouri courts handle these claims, and small claims court may be an option if the dollar amount fits the court’s limits.
Common defenses insurers raise
- No quantifiable loss: insurer says you didn’t prove actual monetary loss.
- Mitigation: insurer argues you failed to mitigate damages by not renting a comparable vehicle or by keeping the car out of service longer than necessary.
- Dispute over fault: insurer asserts their insured wasn’t responsible for the accident.
When to hire an attorney
Consider an attorney if the insurer denies responsibility, offers a low settlement, disputes the amount of loss of use, or if the claim will require litigation. An attorney can help quantify damages, collect evidentiary proof, prepare a demand letter, and — if needed — file a lawsuit.
For statute and procedure references related to motor vehicle law and civil actions in Missouri, see the Missouri Revised Statutes: Chapter 304 (Motor Vehicles and Traffic Regulation) — https://revisor.mo.gov/main/OneChapter.aspx?chapter=304, and Chapter 516 (Limitation of Actions) — https://revisor.mo.gov/main/OneChapter.aspx?chapter=516. These chapters provide relevant background on traffic rules and time limits that could affect a claim.
Helpful Hints
- Start documenting immediately: photos, a repair estimate with timelines, and receipts make or break a loss‑of‑use claim.
- Get the repair shop to write the exact days the car was unavailable and to sign that statement.
- If you rent, keep every rental receipt and note the make/model to prove comparability to your vehicle.
- If you didn’t rent, obtain rental company quotes for comparable cars for the repair period to support a reasonable rental value calculation.
- Send a clear, itemized demand letter to the at‑fault insurer with attachments (photos, invoices, rental receipts, repair shop dates).
- Keep a complete file of all communications with insurers, repair shops, and rental companies; include dates and the names of people you speak with.
- Know your local court options: small claims may be quicker and cheaper for lower‑value disputes; for larger claims, consult an attorney early.
Disclaimer: This article explains general information about Missouri claims for loss of use damages and does not constitute legal advice. For advice about a specific incident, consult a licensed Missouri attorney.