How to Claim Loss of Use Damages for Your Car After an Accident

Short answer: In Washington, you can seek “loss of use” damages from the at-fault driver (or that driver’s insurer) to cover the reasonable cost of not having your vehicle while it was being repaired or replaced. To succeed you must prove liability, show the vehicle was unavailable, document reasonable transportation costs or rental value, and show you mitigated your losses.

Detailed answer: What loss of use is and how to claim it under Washington law

1. What is “loss of use”?

Loss of use compensates the vehicle owner for the value of being without the car while it is out of service because of someone else’s negligence. It is an economic damage (not pain and suffering) and typically covers reasonable rental-car costs or other transportation expenses incurred during the repair period. Courts will generally measure loss of use by the reasonable rental value of a similar vehicle for the time the car was unavailable.

2. Who pays?

The at-fault driver is responsible for your loss of use. In practice, you present the claim to the at-fault driver’s liability insurer. If you instead seek reimbursement from your own insurer (e.g., if you used your rental coverage), your insurer may subrogate against the at-fault insurer on your behalf.

3. Key proof you should assemble

• Police report or other documentation showing the accident and the other party’s involvement.
• Repair shop estimates and final repair invoices showing when the vehicle was taken in and when it was returned to service (dates and descriptions).
• Rental invoices (daily rate, days rented) or receipts for alternative transportation (rideshare, taxi, public transit) showing actual cost and dates.
• Evidence you attempted to mitigate costs (e.g., quotes for cheaper rentals, proof you used other available vehicles).
• Photographs of damage and correspondence with insurers or repair shops.

4. How carriers and courts usually calculate loss of use

There are two common approaches:

• Actual rental cost: If you rented a comparable car, submit the rental bills. Insurers often accept the reasonable rental rate for the size and age of your car (not necessarily the most expensive model).
• Reasonable rental value: If you did not rent a car, you can still claim the reasonable rental value of a similar vehicle for the repair period. This requires documentation showing customary rental rates for comparable vehicles in your area.

Example: If market rental for your car class is $40/day and the shop shows your car was in for 10 days, a typical loss of use claim would be $400 (10 × $40).

5. Mitigation requirement

Washington law requires plaintiffs to mitigate their damages. You cannot recover loss of use for a rental you did not reasonably need. If another household vehicle was available and reasonable for your needs, the insurer may deny or reduce your claim. Keep records showing why a rental or alternative transportation was necessary.

6. Dealing with insurance adjusters

1. File a liability claim promptly with the at-fault driver’s insurer. Provide a demand letter with the documentation listed above.
2. Be clear about the dates the car was unavailable and attach repair shop orders and invoices.
3. If the insurer disputes the rental rate, provide market-rate documentation (regional rental websites, quotes for similar vehicles).
4. If they deny liability or undervalue your claim, consider escalation: a written complaint to the insurer, mediation, small claims court, or hiring a lawyer to negotiate or file suit.

7. Comparative fault can reduce recovery

If the insurer argues you share fault, Washington applies comparative fault rules. Your recoverable damages are reduced by your percentage of fault. See Washington’s comparative fault statute: RCW 4.22.005.

8. When to sue (practical options)

If the insurer refuses to pay a reasonable claim, you have options depending on the amount in dispute:

• Negotiate or demand appraisal/mediation.
• File a claim in small claims court (for smaller amounts) to recover documented loss of use and related economic damages.
• File a civil suit in superior court for larger claims or if legal questions exist.

Practical step-by-step checklist

1. Get a copy of the police report and note the at-fault driver.
2. Take your vehicle to a reputable repair shop and ask for written estimates and a work order showing start and finish dates.
3. Decide whether to rent a car. If you rent, keep every receipt and choose a reasonable, comparable vehicle.
4. Submit a written demand to the at-fault driver’s insurer with all documentation: estimates, invoices, receipts, and your total demand for loss of use.
5. If the insurer denies or pays less than you expect, request written reasons. Consider small claims or a lawyer if the gap is significant.

Helpful Hints

• Document everything contemporaneously: dates, receipts, emails, repair orders. Courts and adjusters rely on contemporaneous records.
• Keep a repair-shop contact in writing confirming the exact days the vehicle was unavailable.
• Obtain at least one rental quote or market-rate proof for the vehicle class to justify your daily rate.
• If you used rideshare or taxis instead of renting, keep all receipts and a short log explaining the need and dates.
• Do not sign away rights to pursue full damages when accepting partial settlements from an insurer without reading the release carefully.
• If the at-fault insurer invokes comparative fault, ask for the basis and evidence. Small reductions can multiply with large claims.
• For small sums, small claims court can be faster and cheaper than hiring a lawyer. For complicated disputes or higher amounts, consult an attorney.

Disclaimer: This article explains general legal principles under Washington state law and provides practical steps commonly used to claim loss of use damages. It is not legal advice. Laws and procedures can change, and every case is different — consult a licensed Washington attorney to get advice tailored to your situation.