Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
After a collision in Virginia, the at-fault driver’s liability policy pays for your property damage up to its limit. Once that limit depletes, you can still seek reimbursement for rental expenses or loss-of-use charges through these avenues:
1. Your Own Underinsured/Uninsured Motorist Property Damage (UIM/UMPD) Coverage
Under Virginia Code §38.2-2206.1, insurers must offer uninsured motorist property damage (UMPD) coverage, and they may offer underinsured motorist property damage (UIMPD) as an option. If you purchased UIM/UMPD, file a claim with your insurer for your rental or loss-of-use costs up to your policy limits. Va. Code §38.2-2206.1.
2. Rental Reimbursement or Loss-of-Use Endorsement on Your Policy
Virginia Code §38.2-2206.2 requires insurers to offer optional rental reimbursement and loss-of-use coverage. If you added this endorsement, your insurer pays reasonable rental or loss-of-use charges up to your selected limit—regardless of the at-fault driver’s exhausted coverage. Va. Code §38.2-2206.2.
3. Direct Claim Against the At-Fault Driver (Supplemental Recovery)
If you lack UIM/UMPD or rental endorsement, you can negotiate a supplemental settlement with the at-fault driver’s insurer. Present documented rental bills and a loss-of-use calculation—typically a daily rate multiplied by days your vehicle was in repair. The insurer may pay a reasonable rate but will not exceed the policy limit.
4. Small Claims Court or Civil Suit
If the insurer refuses to cover your supplemental claim, you can sue the at-fault driver in small claims or general district court for the unpaid rental or loss-of-use balance. Note that if the driver has no assets, collection may prove difficult.
Helpful Hints
- Review your policy declarations to confirm UIM/UMPD and rental reimbursement limits.
- Track rental receipts, invoices, and repair shop dates to document loss-of-use days.
- Calculate loss-of-use at a reasonable market rental rate; retain quotes or published rates.
- Notify both insurers (the at-fault driver’s and your own) promptly and in writing.
- Consider consulting a Virginia-licensed attorney if insurers deny coverage or undervalue your claim.