Detailed Answer
Short answer: In Mississippi you can seek “loss of use” damages from the at-fault driver’s insurer (or from the at-fault driver directly) for the period your car was unavailable due to the accident. To get paid you must show that the accident made the vehicle unusable, prove the reasonable cost to replace that use (commonly a rental car rate or other reasonable transportation cost), and follow proper claim and litigation steps if the insurer refuses to pay.
What “loss of use” means
Loss of use refers to the value of being able to use your vehicle while it is being repaired or while you are without a replacement after a total loss. It is an economic damage (not pain-and-suffering). Courts and insurers commonly measure it by the reasonable rental value of a similar vehicle for the period the car was unavailable, or by actual rental costs you paid.
Who can claim it?
The vehicle owner (or the party entitled to possess it) can claim loss of use from the at-fault party. If you rented or leased the vehicle, the rental/lease company may also have rights; if someone else was driving your car, your ownership and rental/lease agreements determine who can claim loss of use.
How to calculate the amount
- Preferred method: actual rental costs you incurred. Keep every receipt.
- If you didn’t rent a vehicle: calculate a reasonable daily rental rate for a comparable car multiplied by the number of days your car was unavailable. Document typical local rental rates (search local rental companies or use market-rate evidence).
- If your car was a total loss: you can claim loss of use from the date it became unusable until you received a replacement vehicle or fair cash value, or until reasonable replacement time elapsed.
- Do not inflate days or rates. Courts require reasonableness — the insurer will challenge excessive amounts.
How to prove loss of use
Build a file that includes:
- Photos of the damage and repair orders showing the vehicle was out of service.
- Repair shop estimates and invoices with dates repair work began and ended.
- Rental-car receipts or documentation showing attempts to rent and the quoted rates if you didn’t rent.
- Receipts for alternate transportation (taxi, rideshare, public transit) if you used them and seek reimbursement.
- Communication records with the at-fault driver’s insurer and any demand letters or settlement offers.
Steps to claim loss of use from the at-fault party
- Report the accident to your insurer and to the at-fault party’s insurer. Ask whether the at-fault insurer covers loss-of-use and what proof they require.
- Collect documentation listed above. Get a written repair timeline from the shop. If the shop delays for parts, get proof (emails, parts-order confirmations).
- Send a clear demand letter to the at-fault insurer: identify the accident, state the period your car was unavailable, attach invoices/receipts and a total demand for loss of use.
- Negotiate. Insurers commonly dispute daily rates or the number of days. Be prepared to explain why each day was necessary (repair schedule, total loss processing delays, etc.).
- If the insurer refuses or underpays, you can file a lawsuit to recover the amount. Many claims can be resolved in small claims or county court depending on the value claimed.
If the insurer denies or undervalues the claim
Common insurer defenses include: no proof the vehicle was unusable, unreasonable rental rate, or that you failed to mitigate damages (for example, choosing an excessively expensive rental when cheaper alternatives existed). Responses:
- Produce stronger evidence of unavailability (repair orders, shop notes showing vehicle was inoperative).
- Show market comparables for rental rates and explain necessity.
- Document mitigation efforts: evidence you sought cheaper rental vehicles or used other transportation.
- Consider filing a suit in small claims or county court if the amount is within that court’s limits.
Timing and deadlines
Act promptly. Insurance companies and courts expect timely claims. There is a statute of limitations for tort and property-damage claims in Mississippi; missing the deadline can forfeit your right to sue. If you’re unsure about timing, consult an attorney quickly to preserve your rights.
When to get an attorney
Consider hiring a lawyer if:
- The insurer refuses to pay a reasonable loss-of-use amount.
- The loss-of-use claim is large or part of a complex claim (total loss, disputed fault, multiple parties).
- You want help calculating and proving a fair rental value or presenting expert evidence about reasonable loss-of-use.
Many consumer-level auto claims can be handled without an attorney, but an attorney can be useful when insurers are adversarial or evidence is disputed.
Disclaimer: I am not a lawyer and this is not legal advice. This article gives general information about loss-of-use claims under Mississippi principles. For legal advice tailored to your situation, consult a Mississippi-licensed attorney.
Helpful Hints
- Start documenting immediately: take photos at the scene, note dates and times, and keep all receipts.
- Get a written repair timeline from the repair shop; unsigned or oral estimates are weaker evidence.
- Keep all communications with insurers in writing (email or text). Follow up phone calls with a short email summarizing what was said and when.
- If you use a rental, rent a car comparable to your vehicle — not an oversized or luxury model that may be challenged as unreasonable.
- If you didn’t rent, collect market-rate evidence (quotes from local rental companies for comparable cars) to support a reasonable daily rate claim.
- Include wait time for parts or insurance approval in your day count if the vehicle was truly unusable during those delays and you can document them.
- Before filing suit, check your local small-claims and county court filing limits and procedures — most courts publish this information online or at the clerk’s office.
- If the at-fault party is uninsured or underinsured, your uninsured/underinsured motorist policy (if you have one) may provide loss-of-use coverage—check your policy and talk to your insurer.