Can I recover loss of use for my car after a crash in Montana?

Short answer: Possibly. In Montana you can seek recovery for the loss of use of your vehicle if the other driver’s fault made your car unavailable. To succeed you usually must show the defendant’s liability, the period your car was unavailable, and a reasonable measure of the monetary value of that loss (for example, the fair rental value or actual rental costs). Keep careful records and follow the insurer-claim and evidence steps below.

Detailed Answer — Understanding loss of use under Montana law

What is “loss of use”? Loss of use means the monetary value of being deprived of your vehicle while it is being repaired or replaced after a crash caused by someone else. It compensates you for the inability to use your car for necessary travel, work, or other ordinary needs.

Legal basis: Claims for loss of use arise from ordinary tort/damage principles in Montana civil law. Montana statutes and court decisions that govern civil damages and car-accident claims apply; see Montana Code Annotated, Title 27 (Civil Actions) and relevant motor vehicle provisions in Title 61 for context and procedures. You can browse Montana code at the legislative website: https://leg.mt.gov/bills/mca/title_0270/ (civil actions) and https://leg.mt.gov/bills/mca/title_0610/ (motor vehicles).

What you must prove (typical elements):

• Fault: Another driver was negligent and caused the collision or otherwise is legally responsible.
• Causation: The collision directly caused your car to be unusable.
• Loss and measure: You lost the use of the vehicle for a specific time period and you can show a reasonable monetary measure for that loss (commonly the fair market rental value or actual rental costs).

How the amount is calculated — Common approaches used in Montana and other jurisdictions:

• Actual rental cost: If you rented a replacement vehicle, your receipts and rental contract usually form the primary proof of loss of use.
• Fair rental value: If you did not rent, you may be able to claim what it would have reasonably cost to rent a comparable vehicle for the period it was unavailable (obtain local rental rate quotes or published rental rates).
• Reasonable necessity and mitigation: You should mitigate your damages — for example, obtain a reasonable rental if you need transportation. If you did not rent, you should be ready to explain why (e.g., rental unavailable, costs excessive, you used alternative transport) and provide records of that mitigation.

Key kinds of proof to establish loss of use:

• Repair shop work orders and dates showing when the vehicle was inoperable and the estimated repair completion date.
• Communications from the repair shop, tow company, or insurer documenting when the car was first immobilized and when it was returned to service.
• Rental car receipts and contracts (if you rented).
• Documentation of attempts to obtain a rental or rental quotes (emails, phone logs, screenshots).
• A demand letter or claim file showing your claim for loss of use submitted to the at-fault driver’s insurer.

Practical steps to claim loss of use in Montana

1. Report the crash to your insurer and the at-fault party’s insurer. Open a claim promptly and state that you intend to seek loss of use damages.
2. Document the vehicle’s unavailability. Get dated repair orders and written estimates from the repair shop. Have the shop put start and end dates on their paperwork.
3. Rent reasonably if you need a replacement vehicle. Keep all rental receipts and contracts, and choose a vehicle comparable to your car to avoid disputes about excessive cost.
4. Calculate your claim: daily rental rate × number of days the vehicle was unavailable (backed up by repair orders and receipts or market rental-rate evidence).
5. Send a formal demand to the at-fault driver’s insurer with supporting documents: police report, photos, repair orders, rental receipts or rental quotes, and a clear damage computation.
6. If the insurer denies or undervalues the claim, consider consulting a Montana attorney experienced in auto-tort claims. If negotiation fails, you can file a civil suit and present your evidence at trial.

Common insurer defenses and how to address them

• “You didn’t actually rent a vehicle”: Be prepared to prove the reasonable rental value with local market rental rates, especially if you can show that renting would have been necessary or reasonable.
• “You failed to mitigate”: Show why you could not reasonably mitigate or that you did take reasonable steps (receipts, alternative transport costs).
• “Repair time was excessive”: Obtain multiple repair-shop estimates or testimony from the shop explaining delays (parts backorders, insurance approvals).

Helpful Hints — checklist to preserve and prove loss of use

• Immediately get a written repair estimate and dated work order from the auto shop that includes start and expected completion dates.
• Keep every receipt: rental cars, rideshare services you used because the car was out of service, towing, and storage fees.
• Collect rental car quotes from multiple vendors to show fair market rates if you did not rent.
• Take photos of vehicle damage and the repair progress. Keep emails and texts with shop and insurers.
• Keep a log of days the car was unavailable, and note when the vehicle was declared inoperable by a mechanic.
• Send a clear written demand to the at-fault insurer with your calculations and documentation; follow up in writing and keep copies.
• If the other party’s insurer denies the claim or offers a low settlement, consider a free consultation with a Montana attorney to evaluate filing a lawsuit. Small-claims options may exist for lower-value disputes.
• Act promptly — Montana has time limits (statutes of limitations) for personal injury and property damage lawsuits. See Montana Code Annotated, Title 27 for civil action rules: https://leg.mt.gov/bills/mca/title_0270/

When to get legal help

If liability is disputed, the at-fault insurer refuses to pay a reasonable loss-of-use amount, or your total damages are substantial, consult an attorney. A lawyer can help collect evidence, calculate damages, and, if necessary, file suit within Montana’s statutory time limits.

Important disclaimer: This article explains general Montana legal principles about loss of use after a car crash. It is for educational purposes only and is not legal advice. Laws change, and your case may have unique facts that affect the outcome. For advice about your specific situation, consult a licensed Montana attorney.