Claiming Loss-of-Use Damages for a Car After a Nevada Accident: A Step-by-Step FAQ

Short answer: You can pursue loss-of-use damages from the at-fault driver’s insurer (or from your own insurer if you have applicable coverage). To do that you must document the period your vehicle was unavailable, prove reasonable rental value or equivalent, present receipts/estimates, and either settle with the insurer or file suit if they refuse. Follow careful documentation and timely action to preserve your claim.

Detailed answer — what loss-of-use means and how Nevada law treats it

“Loss of use” is a damage claim for the reasonable value of using a vehicle while it is out of service because of someone else’s negligence. Nevada law recognizes property-damage claims against tortfeasors and their insurers; the claim typically reimburses the vehicle owner for the rental or fair market value of a substitute vehicle for the time the owner reasonably could not use their car.

There is no single statute that sets a one-size-fits-all formula for loss-of-use; instead, loss-of-use is a component of damages in a negligence or property-damage claim. For general rules about civil actions and damages, see Nevada Revised Statutes, Chapter 41 (Actions; Limitation of Actions and General Damages): https://www.leg.state.nv.us/NRS/NRS-041.html. For motor vehicle and insurance topics, see NRS Chapter 485: https://www.leg.state.nv.us/NRS/NRS-485.html.

Step-by-step: How to claim loss-of-use damages in Nevada

1. Report the crash and preserve evidence.

   Obtain a police report, take photos of damage, record the date and time the vehicle was disabled, and keep repair shop estimates or “vehicle not drivable” notes. The stronger your contemporaneous evidence, the easier it is to prove the period of lost use.

2. Notify insurers promptly.

   Give notice to the at-fault driver’s insurer. If you have rental reimbursement, loss-of-use, or collision coverage on your own policy, notify your insurer too. Keep a written record of claim numbers and adjuster contacts.

3. Document actual loss and mitigation efforts.

   Keep all rental invoices, receipts for ride-hailing or rental cars, public-transit receipts, or receipts for other reasonable means of transportation you used because your car was unavailable. If you did not rent a replacement, collect evidence showing the reasonable daily rental value for a comparable car in your area (local rental listings or shop estimates). Courts typically deduct days you could have used an available vehicle or when repairs were not actually delayed.

4. Get concrete repair timelines from the repair shop.

   Obtain dated repair estimates and final invoices showing when repairs began and ended. If the shop delayed beyond a normal timetable, get a written explanation; insurers may contest avoidable delays.

5. Prepare a demand package.

   Send a written demand to the at-fault insurer with: the accident report, repair invoices/estimates, rental receipts or rental-rate evidence, a clear per-day calculation (reasonable rental rate x number of days), and a deadline for response. Be polite but firm.

6. Negotiate or escalate.

   If the insurer accepts, you can settle for payment. If the insurer denies or undervalues the claim, consider filing suit. Small claims (Justice Court) or district court may be options depending on the amount. Nevada’s court self-help pages provide filing information: https://nvcourts.gov/Self_Help/.

How damages are commonly measured

Two common methods:

• Actual rental cost: The simplest proof is invoices for a rental car for the exact days you were deprived of your vehicle.
• Reasonable rental-value method: If you did not rent a vehicle, you can claim the reasonable daily rental value for a similar vehicle multiplied by the number of days your car was unavailable — supported by local rental listings or expert/repair-shop testimony.

If the car is a total loss, loss-of-use may be measured from the accident date until you reasonably should have been able to replace the vehicle.

Common insurer defenses and how to respond

• If the insurer claims you did not mitigate damages, show receipts or other proof of your efforts to obtain alternatives.
• If the insurer alleges repairs were delayed by you or the shop, get written repair-shop timelines and explanations.
• If the insurer argues the daily rate is too high, provide market comparisons (local rental company rates for comparable cars).

When to sue and where to file

If settlement negotiations fail, you can file a lawsuit. For smaller sums, Justice Courts (small claims) usually handle vehicle property claims; for larger claims, file in district court. Nevada’s court resources for filing forms and procedural guidance are here: https://nvcourts.gov/Self_Help/. Check NRS Chapter 11 for statutes of limitations and timing issues: https://www.leg.state.nv.us/NRS/NRS-011.html. File promptly — waiting too long can bar your claim.

If the insurer acts in bad faith

If the insurer unreasonably delays or refuses payment, you can submit a complaint to the Nevada Division of Insurance and consider legal action. Nevada’s Division of Insurance: https://doi.nv.gov/.

Helpful Hints

• Start collecting evidence immediately: photos, police report, shop estimates, and dated communications.
• Keep a daily log listing transport you missed and extra costs incurred because your car was unusable.
• Save all receipts for rentals, taxis, ride-hailing, parking, and public transit used while your car was unavailable.
• Obtain a written repair schedule and final invoice showing completion date.
• If you don’t rent a car, research local rental rates for a comparable vehicle to justify a per-day value.
• Document every contact with insurers (dates, names, and summary of conversation).
• Ask whether the at-fault insurer will pay a rental company directly—this can simplify reimbursement.
• Consider small-claims court for straightforward loss-of-use claims if the insurer refuses a reasonable settlement.

Disclaimer: This article explains general Nevada procedures and common practices. It is educational only and not legal advice. For advice about your specific situation, consult a licensed Nevada attorney.