Can I recover loss-of-use damages for my car after a crash in Maine?

Short answer: Yes — if another driver’s negligence caused your accident, you can usually seek compensation for the reasonable cost of being without your vehicle (rental car, rides, or other transportation) while it was being repaired or replaced. To succeed you must document the loss, show it was reasonable, present that evidence to the at-fault driver’s insurer (or your own insurer if applicable), and, if necessary, pursue a claim in court or small claims tribunal.

This is general information about Maine law and is not legal advice. Consult a Maine attorney for advice about your specific situation.

Detailed answer — how loss-of-use claims work in Maine and the steps to make one

1. What is “loss of use”?

Loss of use refers to the economic harm you suffer while you cannot use your vehicle after an accident. Typical items recoverable as loss of use include:

• reasonable rental car charges for a similar vehicle while repairs are done;
• reasonable taxi, ride-share, public transit, or alternative transportation costs you paid because your car was unavailable;
• if the vehicle is a total loss, reasonable transportation costs for the period from the accident until you obtain a replacement (or until the insurer pays you).

2. Legal basis under Maine law

Loss-of-use is part of property damage in negligence claims. If another motorist’s negligence caused the damage, their liability insurer is generally responsible for compensatory damages, including reasonable loss-of-use costs. See Maine laws governing motor vehicles and insurance for related rules and insurer duties: Title 29-A (Motor Vehicles) and Title 24-A (Insurance) of the Maine Revised Statutes (Title 29-A (Motor Vehicles); Title 24-A (Insurance)).

3. Practical steps to make a loss-of-use claim in Maine

1. Immediately preserve evidence: take photos of the damage, the scene, and any other relevant details. Keep police reports and contact information for witnesses.
2. Notify insurers: report the crash to your insurer and to the at-fault driver’s insurer. Provide the basic facts but avoid admitting fault.
3. Document transportation costs: keep all receipts for rental cars, taxi or ride-share fares, public transit, and fuel. If you used a rental car, get written rental invoices showing dates and vehicle class.
4. Get a repair estimate and timetable: have a reputable repair shop estimate repair time and document how long the vehicle will be out of service. Ask the shop to provide a written start and projected completion date.
5. Prepare a demand package: assemble photo evidence, the repair estimate with timelines, all transportation receipts, the police report, and a clear demand letter to the at-fault insurer explaining the amount you seek for loss of use.
6. Negotiate and escalate if needed: submit the demand to the insurer’s adjuster. If they deny or offer an unreasonable amount, ask to speak with a supervisor, and consider filing a complaint with the Maine Bureau of Insurance (Maine Bureau of Insurance).
7. File a claim in court or small claims: if negotiations fail, you can sue the at-fault driver or their insurer. For modest claims, consider Maine’s small claims process; see the Maine Judicial Branch self-help small claims page for procedures (Maine Small Claims information).

4. How to calculate a reasonable amount

Insurers will look for reasonableness. Common approaches include:

• the actual daily rental rate for a comparable vehicle multiplied by the number of days it was unavailable;
• if you did not rent, documented actual transportation costs (receipts for rides, bus passes, mileage records if you borrowed a vehicle);
• if the vehicle was totaled, loss-of-use for the time between the accident and when you were able to obtain a replacement or were paid for the total loss.

Do not claim speculative or excessive amounts. Obtain contemporaneous invoices and statements from repair shops or rental companies stating dates and vehicle class to support reasonableness.

5. Common defenses the insurer may raise

• the requested rental is not “reasonable” (e.g., claiming a luxury rental when a compact would be comparable);
• you were not actually deprived of transportation (insurer may argue you had another vehicle available);
• failure to mitigate — insurer may argue you could have used cheaper transport or sourced a cheaper replacement;
• dispute over fault — if you share fault, your recovery may be reduced.

6. When to get an attorney

Consider hiring a Maine lawyer if:

• the insurer refuses to pay a reasonable loss-of-use amount and the dollar value makes litigation sensible;
• fault is disputed and resolving liability will require investigation;
• you want help drafting demand letters, calculating damages, or filing suit.

If you retain an attorney, expect them to prepare written demands, negotiate with the insurer, and file suit if necessary. Many vehicle-damage cases are handled without trial by negotiation or settlement.

Helpful Hints

• Keep every receipt. No receipt often means no recovery.
• Get a written repair timeline from the shop; it’s your strongest proof for how long you were without the car.
• Rent a similar class of vehicle — insurers commonly deny claims for an unusually expensive replacement.
• Do not sign a broad release or settlement until you are sure all loss-of-use costs are quantified and included.
• If the at-fault insurer refuses a fair offer, consider filing a complaint with the Maine Bureau of Insurance: https://www.maine.gov/pfr/insurance/.
• Use Maine Judicial Branch resources on small claims and civil procedures before filing: https://www.courts.maine.gov/court_procedures/selfrepresent/smallclaims.html.
• When in doubt, consult a Maine attorney; this article is informational and not legal advice.