Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Oklahoma for guidance on your specific situation.
Detailed Answer
Understanding Loss-of-Use and Rental Car Expenses
After an auto accident, you may lose access to your vehicle while it is being repaired. In Oklahoma, you can recover the fair rental value of a comparable vehicle for the period your car is unavailable. These costs are part of your economic damages under Oklahoma law.
1. Demand Payment from the At-Fault Insurer
First, submit a written demand to the at-fault driver’s insurer. Include:
- A repair estimate showing the expected downtime.
- Invoices or rental agreements for a similar make and model.
- A clear statement of daily rate and total days requested.
If the insurer’s policy limits cover your rental claim and they agree, you receive payment up to those limits.
2. File an Underinsured Motorist (UIM) Claim
If the at-fault policy limits are insufficient or exhausted, check your own policy for UIM coverage. Under 36 O.S. § 3636.7, UIM triggers when damages exceed the at-fault driver’s limits. You may recover the shortfall, including rental expenses, up to your UIM limits. See 36 O.S. § 3636.7 (available at Oklahoma Title 36 – Insurance).
3. Use Rental Reimbursement Coverage
If you purchased rental reimbursement as part of your collision or comprehensive policy, submit your invoices directly to your own insurer. Rental reimbursement is a separate coverage that pays for a temporary vehicle, regardless of fault.
4. Pursue a Civil Lawsuit for Excess Damages
If coverage avenues fail, you can file a lawsuit in district court (for claims over $10,000) or small claims court (for claims up to $10,000). In your complaint, list:
- Dates of vehicle unavailability.
- Daily fair rental rate.
- Total amount sought.
Oklahoma courts recognize loss-of-use damages measured by the reasonable rental value. You must prove: (1) physical unavailability of your vehicle, (2) a reasonable rental rate, and (3) the period of loss. See Earnheart v. Anderson, 1961 OK 117.
5. Consider a Bad Faith Claim Against the Insurer
If the at-fault insurer could have settled within policy limits but refused or delayed unreasonably, you may have an extra-contractual bad faith claim under 36 O.S. § 1250.3. A successful bad faith suit can cover amounts beyond the policy limits, including lost use.
Helpful Hints
- Document timelines: Keep repair shop notes showing when your car arrived and when it was ready.
- Compare rates: Use quotes from multiple rental agencies to show a fair daily rate.
- Keep all receipts: Submit every invoice, even fuel or drop-off fees, if covered by your policy.
- Act promptly: UIM claims often have strict notice requirements—notify your insurer as soon as possible.
- Consult an attorney: Even for small claims, a lawyer can help you frame your demand and file paperwork correctly.