Detailed Answer
What “loss of use” means
Loss of use damages compensate you when your vehicle is unusable after an at-fault crash and you lose the ability to drive it while it is being repaired or replaced. The goal is to reimburse the reasonable cost of the transportation value you lost — typically measured by the reasonable rental value of a similar vehicle for the time you were deprived of your car.
How Nebraska law treats loss of use
Nebraska courts allow recovery for loss of use of personal property where the plaintiff can show actual loss. The usual measure is the reasonable value of renting a comparable vehicle (or the reasonable market/hire value) for the period your car was unavailable. To recover, you must show the vehicle was damaged by someone else’s negligence or fault and that you suffered a measurable deprivation of use.
What you must prove to recover
- The other driver was responsible for the crash (or their insurer accepts liability).
- Your car was damaged so it could not be used for a definite time (repair period) or it was a total loss and you were deprived of its use for a reasonable time before replacement.
- The amount you claim equals the reasonable rental/hire value for that period, or other proof of actual loss (receipts, rental invoices, etc.).
- You took reasonable steps to reduce the loss (mitigation), such as renting a reasonably priced comparable car rather than an unnecessarily expensive alternative.
Documentary evidence that helps
- Repair shop estimate with start and projected completion dates and final repair invoice showing actual days in shop.
- Rental car invoices or receipts for alternative transportation (taxi, ride-share) showing daily rates and dates.
- Photos of damage, police report, medical reports if relevant, and communications with the at-fault driver or insurer.
- Notes or testimony showing when you first lost use and when you regained it (dates you could not use the car).
How to calculate loss of use (illustrative hypothetical)
Hypothetical: you are rear-ended. The repair shop estimates 14 days of work. A comparable rental costs $40/day. Your loss-of-use claim would be 14 × $40 = $560. If you chose not to rent and instead used inexpensive public transit, a court or insurer may reduce the award to reflect the lower reasonable cost you actually incurred or reasonably could have incurred.
Step-by-step claims process
- Report the crash to your insurer and the police, if required.
- Get a written repair estimate and keep the final repair invoice or total-loss paperwork.
- If you rent a replacement, keep the rental agreement and all receipts. If you don’t rent, keep records of other transportation costs and a short explanation why you didn’t rent.
- Send a written demand to the at-fault driver’s insurer with copies of the shop estimate/invoice, rental receipts, photos, and the police report. State the number of days you were deprived of the car and the per-day rental value used to calculate your demand.
- If the insurer denies or offers an unreasonably low amount, consider filing suit in county court (small claims or civil court depending on the amount) or hiring an attorney. Keep in mind time limits for filing suit.
Mitigation and disputes
You have a duty to mitigate damages. That means you should choose a reasonably priced replacement transportation option. If you rent an expensive luxury vehicle without a reason, the insurer or a court may cut your recovery to the reasonable rental value for a comparable car. If you fail to mitigate at all, a judge may reduce or deny loss-of-use damages.
When to sue and practical tips
If the insurer refuses to pay, you can sue for property damages in Nebraska courts. Small claims or county court are typical options for modest claims. Before suing, send a written demand and give the insurer a reasonable time to respond. If you plan to sue, collect and preserve all evidence: repair shop records, communications, receipts, and photos.
Resources
– Nebraska Legislature — search statutes and limitation periods: https://nebraskalegislature.gov/laws/statutes.php
– Nebraska Judicial Branch — self-help and court filing information: https://supremecourt.nebraska.gov/self-help
When to consult an attorney
Talk to a Nebraska attorney if: the insurer denies liability, the insurer offers a low settlement, the loss-of-use amount is large or disputed, or there are complicated facts (shared fault, total loss, diminished value, or contested repair time). An attorney can advise about proof, damages calculation, and the best court to file in.
Disclaimer
This article explains general legal concepts under Nebraska law and provides educational information. It is not legal advice. For advice about a specific situation, consult a licensed Nebraska attorney.