What are loss-of-use damages?

Loss-of-use damages compensate you for the value of not being able to use your vehicle while it is out of service because of another party’s negligence. Courts and insurers usually measure this by the reasonable cost to rent a comparable replacement vehicle, or by a reasonable daily value for the time your car is unavailable.

Detailed answer — How to make and prove a loss-of-use claim in Ohio

1. Confirm liability for the accident

Your claim for loss of use depends on another party’s legal responsibility. You (or your insurer) must establish the other driver was at fault. Typical evidence: police report, photos, witness statements, and the other driver’s admission or the insurer’s liability determination.

2. Show your vehicle was unavailable for a specific period

Document the exact time span your car could not be used. Examples of acceptable proof:

• Repair shop work orders showing intake date and completion date.
• Written statements from the shop that the vehicle was not drivable.
• If the vehicle was a total loss, documentation of the date you surrendered the car and the date you replaced it (or a reasonable time it would take to replace it).

3. Prove the reasonable rental value during that period

Loss-of-use is generally limited to the reasonable rental value of a comparable car for the time it was unavailable. Ways to prove reasonable rental value:

• Receipts/quotes from rental agencies for a comparable make/model or class.
• Online rental-rate screenshots for comparable vehicles on the dates in question.
• Expert or shop testimony if you used a specialty vehicle and standard rental comparables do not exist.

Note: You do not always have to rent a car and incur expenses to claim loss of use. Ohio allows recovery based on the reasonable rental value whether or not you actually rented one, provided you can prove that reasonable value.

4. Mitigation duty — what you must do

Ohio law expects you to mitigate damages. That means you should take reasonable steps to reduce your loss (e.g., rent a cheaper comparable vehicle, use rideshare or public transport, or borrow a vehicle). If you unreasonably refuse reasonable alternatives, an insurer or court could reduce the award.

5. Prepare and present documentation

Put together a clear package for the at-fault driver’s insurer or for court:

• Proof of fault (police report, photos, statements).
• Repair estimates and final invoices or total-loss paperwork.
• Repair shop letters stating dates vehicle was unavailable.
• Rental receipts or rental-rate proof showing the daily rate and number of days.
• Any alternative-transportation receipts if you relied on those.
• A simple calculation: daily reasonable rental rate × number of days = loss-of-use amount.

6. Make a demand to the at-fault party’s insurer

Send a written demand letter to the at-fault driver’s liability carrier. Include the documentation above and a firm dollar demand for loss of use plus property damage and other applicable damages. Keep copies of everything and send certified mail or use email with read receipts.

7. If the insurer refuses or underpays

If the carrier denies liability for loss of use or offers an unreasonably low settlement, options include negotiating, filing a complaint with the Ohio Department of Insurance (consumer resources: insurance.ohio.gov — Car insurance), or filing a civil suit. For many small claims, local municipal or county courts resolve these cases more quickly and with lower costs than higher courts. Be sure to confirm the monetary limit and procedures for the small claims court in the county where you would file.

8. Watch the statute of limitations

Don’t wait too long to sue. Ohio’s time limit to file most personal-injury and property-damage actions is short. See Ohio Revised Code section 2305.10 for limitations on actions involving injury to a person or property: Ohio Rev. Code § 2305.10. If you miss the deadline, a court will likely dismiss your claim regardless of its merits.

9. Consider your own auto policy coverages

If the at-fault insurer delays payment, your own policy’s rental reimbursement (if you bought it) may pay for your rental car while your vehicle is repaired; you can then seek reimbursement from the at-fault insurer. Review your declarations page and speak with your carrier about how rental reimbursement and subrogation work.

10. When to talk to an attorney

Consult an attorney if any of the following apply:

• Dispute over fault or liability exists.
• The insurer denies your loss-of-use claim or makes a low offer.
• Your loss-of-use damages are large or complex (e.g., business interruption, specialty vehicles).
• You are unsure how to calculate a reasonable rental value or how to proceed in court.

Practical examples

Example A — Repairable vehicle: you can show the repair shop kept the vehicle for 10 days and a comparable rental costs $40/day. Loss-of-use = 10 × $40 = $400.

Example B — Total loss: the car is declared a total loss and you replace it after 30 days. The reasonable rental value for the replacement type is $30/day. Loss-of-use = 30 × $30 = $900 (unless a court finds a shorter reasonable replacement period).

Key legal references

Ohio statute on time limits for actions involving personal injury and property damage: Ohio Rev. Code § 2305.10.

Ohio Department of Insurance — consumer guidance about auto insurance and claims: insurance.ohio.gov — Car insurance.

Helpful Hints

• Begin documenting the moment the accident occurs: photos, police report number, contact info for witnesses.
• Get a written estimate and final invoice from the repair shop; shop records are strong proof of the vehicle’s unavailability.
• Collect multiple rental quotes so you can demonstrate a reasonable daily rental value, not just an inflated receipt.
• If you didn’t rent a car, still gather market rental-rate evidence to support your claim.
• Keep all receipts for alternative transportation (rideshare, taxi, bus) to show out-of-pocket mitigation expenses.
• Send a clear written demand to the insurer and keep detailed records of all correspondence and phone calls (dates, names, summaries).
• Ask your insurer whether you have rental reimbursement coverage and whether using it will affect your premiums.
• Check local small claims court limits and procedures before filing suit; those limits change and vary by jurisdiction.