Detailed Answer — What loss of use is and how to claim it in Rhode Island

Loss of use damages compensate a vehicle owner for the value of being deprived of their car after an accident caused by another driver. In Rhode Island, courts and insurers allow recovery of loss of use as part of a property damage claim when you can show (1) the other party caused the crash, (2) your vehicle was taken out of service because of the crash, and (3) a reasonable monetary measure of the value of the use you lost while the vehicle was unavailable.

Step 1 — Establish liability

You must show the at-fault driver caused the accident. Liability typically is established through the police report, photos, witness statements, admissions, or the other driver’s insurance investigation. If liability is disputed, you may need stronger evidence or to file a civil claim.

Step 2 — Prove the vehicle was out of use

Collect objective documentation that your car could not be used because of crash damage. Useful items include:

• Repair shop estimate(s) and final invoice showing dates the vehicle was at the shop.
• A written statement from the repair shop confirming the vehicle was inoperable or unavailable for the repair period.
• Photos of damage and police accident report.

Step 3 — Choose a reasonable method to measure loss of use

Common methods to calculate loss of use:

• Actual rental cost: If you rented a comparable car while yours was in the shop, provide rental receipts (daily rate × days rented).
• Fair rental value: If you did not rent, calculate a reasonable daily rental rate for a comparable vehicle and multiply by the days your car was unavailable. Keep market evidence (rental listings, quotes).
• Diminution-of-use approach: In some cases courts will consider a per-day value based on the market value of the car and how essential it was to your routine.

Whatever method you use, document the reasonableness: provide receipts, rental quotes, or affidavits from the repair shop. Rhode Island courts require proof that the amount claimed is reasonable and caused by the defendant’s negligence.

Step 4 — Make a demand on the at-fault insurer

Send a written demand to the at-fault driver’s insurer including:

• Police report and proof of the other driver’s liability;
• Repair estimate and repair invoices showing dates;
• Rental receipts or documentation supporting your chosen daily rate and number of days;
• A clear dollar demand itemizing property damage, loss of use, and any other out-of-pocket expenses.

Step 5 — If the insurer denies or underpays

If the insurer refuses to pay or offers an amount you believe is too low, you can:

• Negotiate further with the insurer, providing additional evidence of reasonableness.
• File a small civil claim or lawsuit to recover the loss of use and related property damage. The Rhode Island Judiciary website explains court procedures and where to file: Rhode Island Judiciary.
• Consult a Rhode Island attorney to evaluate whether to sue and to calculate all recoverable damages (including potential diminution in value of the vehicle).

Practical example (hypothetical)

Example: Your car is repaired for 12 days. A reasonable comparable rental rate is $35/day. If you rented a car and have receipts for $420, submit the $420 as loss of use. If you did not rent, gather comparable rental listings that show $35/day and demand $420 for loss of use, plus repair bills for physical damage.

Timing and procedural notes

Act promptly. Preserve evidence (photos, estimates, receipts) and send a demand while the facts are fresh. Check Rhode Island statutes and court rules that affect deadlines and procedure by reviewing the Rhode Island General Laws and the Rhode Island Judiciary resources: Rhode Island General Laws and Rhode Island Judiciary. If you plan to file a lawsuit, consult a lawyer about applicable deadlines and court-specific filing rules.

Helpful Hints

• Document everything immediately: photos, police report, repair estimates, and all receipts.
• Get a written statement from the repair shop showing when your vehicle was first brought in and when it was available again.
• If you rented a replacement, keep the rental agreement and all receipts. If you didn’t rent, collect comparable rental quotes to justify a per-day rate.
• Distinguish loss of use from other damages: loss of use covers the value of being without the vehicle; separate claims may cover repair costs and diminution in value.
• Notify both insurers (yours and the at-fault party’s). If you have rental reimbursement coverage in your own policy, use it to limit your out-of-pocket expenses, then seek reimbursement from the at-fault insurer.
• Be reasonable: courts and juries typically award what’s reasonable and supported by documentation. Exaggerated claims hurt credibility.
• If the at-fault insurer disputes liability or the amount, consider the cost/benefit of litigation versus settlement; small claims may be appropriate for smaller disputes.
• Consult a Rhode Island attorney if liability is contested, damages are large, or you need help preparing a demand or filing suit.