How to claim loss-of-use damages for your car after an accident in Massachusetts

Quick answer: Under Massachusetts law you can seek loss-of-use damages (the reasonable cost to rent a comparable vehicle or the reasonable rental value for the time your car was unusable) from the at-fault driver or that driver’s insurer. To succeed you must prove the vehicle was out of service because of the accident, document the length of time and the reasonable daily rental value, and present those damages in a demand, a small-claims action, or a civil lawsuit before the applicable deadline.

Detailed answer — what loss-of-use is and how to claim it

1. What is loss-of-use?

Loss-of-use damages compensate you for the time you could not use your vehicle because the vehicle was being repaired or was otherwise unavailable after an accident caused by another driver. Courts generally allow recovery for the reasonable cost to rent a similar vehicle for the period your vehicle was out of service, or a reasonable daily rental value if you did not actually rent a car.

2. Who can claim loss-of-use?

The vehicle owner (or an authorized user with a legally cognizable interest) can seek loss-of-use damages from the at-fault driver or that driver’s insurer. If your own insurer covers rental expenses under your policy (rental reimbursement), you can use that coverage while still preserving a claim against the at-fault party for reimbursement of what you paid or were entitled to recover.

3. Key evidence you must gather

• Repair shop estimates and final repair invoices showing dates the car was delivered for repair and the date repairs were completed.
• A written statement from the repairer if repairs could not begin immediately (e.g., waiting for parts) or if the vehicle was declared a total loss.
• Receipts for any rental charges or car-sharing fees while your vehicle was unavailable.
• If you did not rent a car, evidence of the reasonable daily rental value for a comparable vehicle (market rental rates from local rental companies, online quotes, or documentation of comparable vehicle rental prices).
• Photos of damage, the police report (if any), and communication records with insurers and the at-fault driver.

4. How to calculate the amount

Two common methods:

1. Actual rental cost: If you rented a comparable vehicle, total the rental receipts for the repair period.
2. Reasonable rental value: If you did not rent, multiply a reasonable daily rental rate (based on local market rates for a similar vehicle) by the number of days the car was unavailable. Courts will disallow recovery for days when the car was available to you (for example, if you could have used it but chose not to).

Example (hypothetical): Your car was at the shop for 10 days and a comparable rental runs $50/day. Loss-of-use damages = 10 x $50 = $500.

5. Required steps to make a claim

1. Preserve evidence immediately: get repair shop estimates, log dates, keep receipts and communications.
2. Notify your insurer and the at-fault driver’s insurer. Ask whether your policy covers rental reimbursement and whether the at-fault insurer will pay rental costs or loss-of-use.
3. Send a written demand to the at-fault driver or that driver’s insurer that documents the loss-of-use claim and attaches supporting documents (invoices, rental receipts, repair shop notes, etc.).
4. If the insurer refuses or offers an inadequate sum, consider filing in small claims court (for lower-value disputes) or a civil lawsuit. Use the demand letter and evidence as your basis for court filing.

6. Deadlines and where to sue

Massachusetts law imposes time limits (statutes of limitation) for tort claims. For most vehicle-accident-related tort claims you must sue within the period set by state law. See Massachusetts General Laws, Chapter 260 (limitations on actions) for details: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter260. If your loss-of-use claim is modest, you can file in Massachusetts small claims court; guidance is available here: https://www.mass.gov/how-to/file-a-small-claim. For larger claims, you will file in the appropriate civil court (District or Superior) depending on the amount in controversy.

7. Practical considerations and defenses you may face

• Mitigation obligation: You must take reasonable steps to reduce your damages. Unreasonably expensive rentals or unnecessary downtime may be reduced or rejected by a court or insurer.
• Disputed duration: The at-fault party may argue the vehicle was available earlier than you claim. Repair shop records and dated communications help settle this.
• Comparability: An insurer can dispute rental cost if you rented a vehicle that is much more expensive than your car’s class; document that the rental was comparable.
• Policy offsets: If your insurer paid rental coverage, it may have subrogation rights to pursue the at-fault insurer and recover what it paid you.

Helpful hints

• Start documenting immediately: record pick-up/drop-off dates, get written repair timelines, and keep all receipts.
• Get a signed, dated letter from the repair shop confirming the days the car was inoperable and why (repairs, parts delay, totaled).
• If you use a rental, pick a car class similar to your vehicle to avoid comparability disputes.
• Keep communication in writing when possible—email or text—so you have dated proof of offers, denials, and settlement attempts.
• If the at-fault insurer denies loss-of-use, consider a detailed demand letter before filing suit; include calculations and supporting documents.
• For straightforward claims under the small-claims limit, you can often proceed without an attorney. For higher-value or disputed claims, consult a lawyer to evaluate strategy and damages evidence.

Disclaimer: This article explains general Massachusetts legal concepts only and does not constitute legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Massachusetts attorney.