Understanding loss-of-use damages for a vehicle after a crash in Virginia
This FAQ-style guide explains how loss-of-use claims work in Virginia, what evidence you need, how insurers typically handle them, and practical steps to recover reasonable transportation costs after a car accident. This is educational only and not legal advice.
Detailed answer: What loss-of-use is and how to claim it in Virginia
Loss-of-use damages compensate a vehicle owner for the value of being without their car after an accident. In Virginia, you can seek loss-of-use from the at-fault driver (their liability insurer) or from your own insurer when you have applicable coverage (for example, rental reimbursement or uninsured/underinsured motorist coverage that covers transportation costs).
Who can pay loss-of-use?
- The at-fault driver’s liability insurer, if the other driver caused the crash and you can prove actual loss and reasonable cost of replacement transportation.
- Your own insurer, if your policy includes rental-reimbursement or other coverages that pay for substitute transportation while your vehicle is being repaired or replaced.
What you must prove
To recover loss-of-use in Virginia you generally must show:
- The other party caused the accident (liability).
- You suffered an actual loss of the vehicle’s use for a specific time period (dates when the car was not available).
- The amount you seek is reasonable and supported by proof — receipts for rentals, reasonable local rental rates, ride service receipts, or evidence of alternative transportation costs.
- You took reasonable steps to mitigate your loss (for example, you sought rental cars with reasonable rates rather than incurring wildly excessive costs).
Typical items recoverable as loss-of-use
- Daily car rental fees for a comparable vehicle for the period your car was unavailable.
- Reasonable ride-share, taxi, or public-transportation costs incurred because your car was unusable.
- Business-related losses tied directly to being without a vehicle (documented and reasonable).
- In cases where the car is a total loss, reasonable time-to-replace costs for securing a comparable replacement vehicle.
What is not usually recoverable
- Costs for upgrades or luxury rentals beyond what is reasonable for a comparable vehicle.
- Expenses you could have avoided through ordinary mitigation.
How insurers evaluate and pay a loss-of-use claim
Insurers look for reasonableness and documentation. If you have rental-reimbursement coverage, your insurer will usually pay up to the policy limits for a rental. If you’re claiming against the at-fault driver’s insurer, present a clear demand with documentation: repair estimate or total-loss valuation, number of days vehicle was unavailable, and rental or transportation receipts showing a reasonable per-day cost.
Practical steps to make a strong loss-of-use claim
- Report the crash to your insurer and the at-fault insurer promptly.
- Call the police and obtain an accident report when appropriate; keep a copy.
- Get a written repair estimate and keep the work-order dates. If the vehicle is totaled, keep the valuation and title paperwork.
- Rent a comparable vehicle or document all alternate transportation expenses (keep receipts, dates, mileage logs if relevant).
- Create a clear computation of loss-of-use: daily rental rate x number of days vehicle unavailable (attach receipts and repair shop communications showing the repair timeframe).
- Send a written demand letter to the at-fault driver’s insurer attaching your proof and stating the amount requested. Keep copies of all communications.
- If the insurer denies or underpays, consider small claims or General District Court for disputed amounts (check court limits and procedural rules). See the Virginia Judicial System: https://www.courts.state.va.us/.
Timing and legal limits
Virginia has statutory rules governing civil claims and time limits for filing lawsuits. Consult the Virginia Code on civil remedies and limitations so you don’t miss filing deadlines: https://law.lis.virginia.gov/vacode/title8.01/ and the limitations chapter at https://law.lis.virginia.gov/vacode/title8.01/chapter5/.
Key Virginia-law issues to be aware of
- Contributory negligence: Virginia still follows the doctrine of contributory negligence. If a factfinder finds you were even slightly at fault, it can bar recovery against the other driver. That makes establishing clear fault important.
- Insurance coverages are governed by Title 38.2 (Insurance) and motor vehicle rules are in Title 46.2. For policy and coverage questions, see https://law.lis.virginia.gov/vacode/title38.2/ and https://law.lis.virginia.gov/vacode/title46.2/.
What if the at-fault driver has no insurance or refuses to pay?
If the at-fault driver lacks insurance or denies liability, your options include claiming under your own policy (if you have rental reimbursement or UM/UIM coverages), negotiating through your insurer’s subrogation process, or pursuing a court claim. If you have uninsured/underinsured motorist coverage, check whether it covers loss-of-use or transportation costs.
When to talk to an attorney
Consider consulting an attorney when: liability is disputed, the loss-of-use amount is large, contributory fault is alleged, or the insurer refuses reasonable payment. An attorney can evaluate whether court action or settlement negotiation makes sense. For how courts in Virginia handle civil cases and where to file, see https://www.courts.state.va.us/ and the Virginia Code at https://law.lis.virginia.gov/vacode/.
Disclaimer: This content is educational and does not constitute legal advice. For guidance about a specific case, consult a licensed Virginia attorney.
Helpful Hints — tips for maximizing a loss-of-use recovery
- Document everything. Keep repair orders, emails with the repair shop, rental contracts, and all receipts.
- Rent a comparable car, not a luxury model; insurers will reduce or deny reimbursement for unreasonable upgrades.
- Ask the repair shop to date and sign estimates and work orders showing when the car arrived and when repairs completed.
- If you use ride-share services, save trip receipts and note trips that directly replace trips you would have taken by car.
- Calculate loss-of-use clearly: state daily rate, days claimed, and attach proof for each day (rental receipts or repair shop documentation).
- Be mindful of Virginia’s contributory negligence rule — avoid admissions of fault and get a clear accident report where possible.
- Check your policy early for rental reimbursement limits and prompt-notice requirements to avoid denials on technical grounds (see Title 38.2 for insurance rules: https://law.lis.virginia.gov/vacode/title38.2/).
- If the insurer offers to settle, get the offer in writing and consider whether it fully covers your documented loss-of-use and other damages before signing a release.