Short answer — how loss-of-use claims work in South Carolina

When a driver damages your car, you may be entitled to compensation for the time you could not use your vehicle. That compensation—commonly called “loss of use”—is normally paid by the at-fault driver or that driver’s auto insurer, or by your own insurer if you have applicable coverage (collision, rental reimbursement, or uninsured/underinsured motorist coverage). To recover loss-of-use you must show the vehicle was unavailable for a reasonable period and prove the reasonable cost to replace use during that time.

Detailed answer — step-by-step guide to claiming loss-of-use in South Carolina

1. Who can you claim from?

• The at-fault driver (or that driver’s liability insurer).
• Your own insurer, if you have rental reimbursement or applicable UM/UIM/collision coverage.
• If the at-fault party has no insurance or is uninsured, you may have a claim under your uninsured motorist coverage if your policy covers loss of use.

2. What you must prove

South Carolina courts require that you prove both the fact of loss and the amount. In practical terms you should document:

• Exactly when the car became unusable (date of the accident).
• When the car was repaired or replaced, or when you received settlement/total-loss payment.
• Proof the vehicle was actually unavailable (repair orders, tow records, rental receipts, email with repair shop).
• The reasonable daily or weekly cost to obtain a substitute vehicle (rental receipts or market rate evidence).

3. How to calculate a reasonable loss-of-use amount

Common methods:

• Daily rental rate × number of days the vehicle was unavailable. Use reasonable, market-based rental rates (economy car rates are more defensible than luxury rentals).
• If you did not rent a car, you can show the fair market cost of short-term alternatives (rideshare, taxis, public transit) that you reasonably relied on.
• If the car was a total loss, loss-of-use usually runs from the accident date until you replace the vehicle or receive the total-loss payout.

4. Keep strong documentation

Gather and keep all of the following:

• Police report and photos from the accident scene.
• Repair shop estimates, receipts, and completion invoices.
• Receipts for rentals, rideshares, taxis, or other transport used because your car was unavailable.
• Communications with insurers and the at-fault driver (demand letters, adjuster emails, claim numbers).
• Evidence of the rental market rate — screenshots or quotes showing typical rental prices for the same dates.

5. Duty to mitigate

You must take reasonable steps to reduce your loss. That means choosing a reasonable-cost substitute vehicle or cheaper transport option. Insurers will deny or reduce loss-of-use claims if you chose an unreasonably expensive rental or waited unreasonably long to rent or repair.

6. Dealing with insurers

Practical steps when you file the claim:

• Report the claim promptly and give the insurer the documentation above.
• Provide a written demand itemizing the loss-of-use amount, including daily rate and number of days.
• If the insurer denies or undervalues the claim, ask for an explanation in writing and keep a record of all communications.
• If the at-fault insurer refuses to pay, consider your options: negotiation, mediation, or filing suit in Magistrate Court or Circuit Court depending on the amount at stake.

7. When to file a lawsuit

If the insurer will not pay a fair amount, you may sue the at-fault driver. South Carolina imposes time limits (statutes of limitation) on tort and property claims, so act promptly. For details on limitation periods and to confirm deadlines that apply to your claim, consult the South Carolina Code of Laws — see Title 15 (Limitation of Actions): https://www.scstatehouse.gov/code/title15.php.

8. Using small claims / magistrate court

If your loss-of-use claim is small, you may file in Magistrate Court (small-claims) to avoid attorney fees. Check the local filing limits and procedures on the South Carolina Judicial Branch website before filing. If the case exceeds the small-court threshold, consider a lawyer for Circuit Court litigation.

9. The role of rental-reimbursement coverage

If you bought rental-reimbursement coverage, your insurer may pay rental costs directly (up to policy limits) while the vehicle is being repaired. The insurer’s payment under that coverage usually affects what you can recover from the at-fault driver — if your insurer pays you, your insurer may have subrogation rights to pursue the at-fault party for reimbursement.

10. When the at-fault party is uninsured or insolvent

If the at-fault driver lacks insurance or funds, look to your own policy (uninsured/underinsured motorist coverage or collision coverage) to cover loss-of-use. Review your policy language carefully and speak with your insurer about coverage and subrogation.

Helpful hints

• File claims and preserve proof immediately after the accident.
• Use local economy rental rates as your baseline — luxury or oversized rentals are harder to justify.
• Ask the repair shop for an estimated completion date and document any delays that were not your fault.
• Send a concise written demand to the at-fault driver’s insurer with a clear calculation and copies of supporting documents.
• If an insurer denies your claim, request a written denial and keep it. That record helps if you later file suit.
• Talk to a South Carolina attorney if the insurer refuses to pay or if the claim amount is large — an attorney can evaluate whether additional damages (like loss of consortium or punitive damages) might apply in rare cases.
• Check statutes of limitation promptly: don’t rely on memory or informal timelines. For an overview, see South Carolina Code Title 15 (Limitation of Actions): https://www.scstatehouse.gov/code/title15.php.
• Keep copies of everything in a dedicated folder (digital and paper). Good organization makes claims much easier to prove.