Detailed answer — what “loss of use” means and when you can claim it

“Loss of use” means the economic loss you suffer when you cannot use your vehicle because another party’s fault caused damage that takes the vehicle out of service. Under Louisiana tort law, a person who negligently causes damage to another’s property is liable for the resulting damages, which can include loss of use. See general tort duty under the Louisiana Civil Code (search the Code at the Louisiana Legislature site: legis.la.gov).

Who can claim loss of use?

• The owner of the vehicle.
• A person in lawful possession (for example, a lessee) who suffered the deprivation of use.
• An insurer that has paid the insured for loss of use may have subrogation rights to pursue the at-fault party.

What you must prove

You generally must show:

1. The other party’s wrongful act caused the accident (fault or liability).
2. Your car was damaged and unavailable for use during a specific time frame.
3. The amount of the loss (typically measured by a reasonable rental rate for a similar vehicle or the actual cost to rent a replacement).
4. You took reasonable steps to reduce (mitigate) your loss.

How courts measure loss of use in Louisiana

Louisiana courts typically measure loss of use by reference to the reasonable rental value of a comparable vehicle for the period the vehicle was unavailable. Evidence can include:

• Daily rental rates for comparable cars from rental companies or online listings.
• Receipts for an actual rental car you paid for.
• Repair shop estimates and repair completion dates to establish the period of deprivation.
• Expert testimony (where necessary) on reasonable rental values or customary downtime.

Courts will not allow double recovery. If your insurance covered a rental (rental-reimbursement coverage), the insurer may be entitled to be reimbursed or may pursue the at-fault party directly.

Time limits (prescription)

Delictual (tort) claims in Louisiana generally prescribe (expire) one year from the date of the injury or damage. That prescription may apply to property-damage claims and related loss-of-use claims. For exact text and current rules, see the Louisiana Legislature site (legis.la.gov) and consult an attorney promptly because strict time limits apply.

Common practical questions

Do I need to rent a car to recover loss of use?

No. You can recover the reasonable rental value even if you did not actually rent a car, but you must show what a comparable rental would have cost. If you did rent a vehicle, keep all receipts.

If my insurer paid for a rental, can I still claim directly?

Possibly, but your insurer may have subrogation rights. That means the insurer can pursue the at-fault driver for amounts it paid; you should coordinate with your insurer before pursuing an independent claim.

What if the repair shop sits on my car and delays repairs?

You must make reasonable efforts to get repairs done promptly. If delays are caused by the at-fault party or their insurer (e.g., refusing to authorize a reasonable repair), you may continue to claim loss of use for that period. Keep written records of communications showing delay and attempts to resolve.

Step-by-step: How to document and present a loss of use claim in Louisiana

1. Immediately document the scene: photos of the vehicle and damage, police report, and contact details for all parties and witnesses.
2. Notify the at-fault driver’s insurer and your insurer promptly.
3. Get a written repair estimate and an expected completion date from a reputable shop. Keep all written communications.
4. If you rent a replacement, keep every rental receipt and note the vehicle class, daily rate, and mileage limits.
5. If you do not rent, research and save evidence of reasonable rental rates for comparable cars for the relevant dates (screenshots, rate quotes, or affidavits).
6. Calculate your loss: (reasonable daily rental rate) × (number of days vehicle was unavailable), minus any period where you had reasonable alternative transportation or where the vehicle was usable.
7. Send a written demand to the at-fault driver’s insurer with supporting documents (police report, repair estimate, rental receipts or rate evidence, and calculation). Keep copies and proof of delivery.
8. If the insurer denies or delays unreasonably, consult a Louisiana attorney about filing suit before prescription runs.

Where you can file if you need to sue

Small claims (Justice of the Peace) courts handle lower-dollar property damage cases; higher amounts go to district courts. An attorney can advise which forum fits your claim and will help prepare the demand and proof package.

Helpful Hints

• Preserve evidence immediately: photos, police report number, witness names, and repair estimates.
• Keep a daily log of losses and any alternative transportation costs (rideshare, taxis, borrowed car usage).
• Get written completion dates from the repair shop to support the claimed downtime period.
• Do not sign away your right to pursue the at-fault party when accepting a quick settlement—read offers carefully and ask for written explanations of what is being released.
• If your insurer provides a rental, ask whether accepting it affects subrogation or your right to pursue additional loss-of-use amounts.
• Act quickly—Louisiana’s one-year prescription for delictual claims can bar a claim if you wait too long.
• If the at-fault party is uninsured or underinsured, check whether your policy includes uninsured/underinsured motorist or rental reimbursement coverage.
• When in doubt, get a consultation with a Louisiana attorney experienced in vehicle-damage claims to review your documentation and advise on strategy.