Disclaimer: This article provides general information about Ohio law and is not legal advice.
Detailed Answer
1. Loss-of-Use Claims Under Ohio Law
Ohio law generally bars claims for purely economic loss but carves out an exception for loss-of-use of tangible property. Under O.R.C. § 2315.21(A)(5), you can recover the reasonable rental value of a replacement vehicle while yours remains inoperable.
2. Proving Your Loss-of-Use Claim
To support a loss-of-use claim, gather:
- Repair estimates or vehicle appraisals confirming your car was unavailable.
- Rental invoices showing daily rates, dates rented, and total cost.
3. Calculating Reasonable Rental Value
Court awards must reflect the fair market rate for a similar vehicle in your area. Compare local rental rates and keep all documentation. Do not claim for days you had access to an alternative vehicle.
4. Legal Steps When Policy Limits Are Exhausted
- Send a formal demand letter to the at-fault driver and insurer with your documentation and a clear payment deadline.
- If they refuse or ignore your demand, file suit. Ohio property damage claims fall under a four-year statute of limitations: O.R.C. § 2305.09. Small Claims Court handles up to $6,000; county or municipal court handles higher amounts.
- After judgment, you may garnish wages or place a lien on assets if the driver lacks insurance or funds.
5. Alternative Coverage Options
- Rental Reimbursement Coverage: If you purchased this optional add-on on your own auto policy, file a claim with your insurer. Check your declarations page for this coverage.
- Underinsured Motorist (UIM) Coverage: UIM may cover your rental expenses if your limits exceed the at-fault driver’s limits. See general UIM rules at O.R.C. § 3937.18.
- Umbrella Insurance: A personal umbrella policy may provide extra limits to cover rental or loss-of-use expenses.
Helpful Hints
- Document every expense: keep all rental invoices, repair shop estimates, and written communications.
- Research comparable rental rates in your area to prove the amount is reasonable.
- Track the exact dates when you lacked access to your vehicle.
- Start your claim or lawsuit well before the statute of limitations expires.
- Consider consulting a licensed Ohio attorney for case-specific guidance.