Quick Answer

If your vehicle was made unusable after a crash caused by someone else in West Virginia, you can pursue “loss of use” damages to recover the reasonable cost of not having your car. That typically means asking the at-fault driver’s insurer (or the at-fault driver) to pay the fair rental value or other reasonable measure of the cost to replace your vehicle’s use while it was out of service. To preserve the claim you must document the loss, mitigate where reasonable, send a clear demand, and, if needed, sue before the state’s deadline for civil claims. This article explains how to prepare, value, and present a loss-of-use claim under West Virginia law and practice.

Detailed Answer — How to pursue loss-of-use damages in West Virginia

1. Understand what “loss of use” means

Loss of use is a type of property damage. It compensates you for the reasonable cost of not having your vehicle while it was unavailable because of the crash (for example, rental car charges or reasonable substitute transportation costs). It is not a penalty; insurers and courts expect the amount claimed to be supported by receipts, estimates of market value for replacement transportation, or expert proof when necessary.

2. Decide the correct valuation method

Common approaches:

• Fair rental value: Use local market daily rental rates for a comparable vehicle multiplied by the number of days you reasonably lacked the use of your car. Keep rental invoices or rental company quotes.
• Actual out-of-pocket cost: Use what you actually paid for a rental, rideshares, taxis, or other reasonable alternative transportation.
• Reasonable value of loss when rental isn’t used: If you never actually rented a car, you may still recover reasonable rental value—but you must prove that hiring a replacement would have been reasonable and necessary and show local rental rates or expert testimony.

3. Document everything

Good documentation is the key to a successful loss-of-use claim:

• Repair order and shop estimates showing dates the vehicle was in the shop and the date repairs were completed (or the date the vehicle was a total loss).
• Rental car invoices or quotes for comparable vehicles and dates.
• Receipts for alternative transportation (rideshare, taxi, bus).
• Communications with the at-fault driver and both insurers, and any demand letters you sent or received.
• Photos of damage and a written timeline showing when the car was unavailable.

4. Mitigate damages

You have a duty to avoid unnecessary expense. If a reasonable, lower-cost alternative transportation option existed and you did not use it, the insurer or court may reduce your recovery to the amount you reasonably should have incurred. Keep a record of why certain alternatives were impractical (e.g., family medical needs, job schedule).

5. Presenting your claim to the at-fault driver’s insurer

Practical steps:

1. Send a written demand to the at-fault driver’s insurer that itemizes loss-of-use damages and attaches supporting documents (rental receipts, repair dates, estimates, invoices). Clear dates and daily rates help speed evaluation.
2. Ask the insurer to identify what proof they need and set a reasonable deadline for response (e.g., 14–21 days).
3. If the insurer accepts liability for the accident but disputes loss-of-use amount, try negotiation or mediation. If they deny liability, preserve a file and consider litigation.

6. If the insurer refuses or stalls: small claims or civil suit

If negotiation fails, you can file in the appropriate West Virginia court. For modest loss-of-use claims you may use Magistrate Court (small claims) or Circuit Court for larger claims. Keep in mind that filing deadlines (statutes of limitation) apply; do not miss the deadline to sue.

7. Statutes of limitations and where to look

Timing matters. West Virginia law sets deadlines for filing civil claims and other tort actions. For specifics about filing deadlines and civil procedure in West Virginia, consult the West Virginia Code and the state court web sites. A good starting point for looking up statutes is the West Virginia Code at the Legislature’s official site: https://code.wvlegislature.gov/ and the West Virginia Judiciary site: https://www.courtswv.gov/. If the claim is against an insurer and you need guidance about unfair claim practices, the West Virginia Offices of the Insurance Commissioner can help: https://www.wvinsurance.gov/.

8. When to consult an attorney

Consider hiring a lawyer if:

• Loss-of-use damages are substantial or combined with other significant property or personal injury claims.
• The insurer denies liability or refuses to pay reasonable loss-of-use amounts.
• There are questions about comparative fault, mitigation, or complicated proof (e.g., fleet vehicles, business loss).

How a typical claim looks — short hypothetical example

After a rear-end crash the homeowner’s car was in the shop for 12 days. The driver rented a comparable compact for $40/day. Repair invoices show the shop held the car from July 1–12. The renter sends the at-fault driver’s insurer a demand with the repair invoice, the rental car receipts ($480 total), and a written timeline. The insurer agrees to pay $400 after negotiating to a lower rate. The driver accepts the payment or, if the insurer refuses, files a claim in Magistrate Court for the rental amount.

Helpful Hints

• Keep a clear timeline: document the date of the crash, tow date, shop intake date, repair completion date, and any time the car was unavailable.
• Get at least one written repair estimate and ask the shop to record how long repairs will take.
• Collect market evidence for rental rates—print comparable local rental car listings or use rental company quotes.
• Preserve receipts for any substitute transportation and note the reason you chose any higher-cost option.
• Send a written demand letter rather than relying solely on phone calls—include copies of all supporting evidence.
• Don’t dispose of important evidence (repair orders, rental receipts, photos) until the claim fully resolves.
• If you have rental coverage under your own policy (loss of use / rental reimbursement), the insurer may pay you first and pursue subrogation against the at-fault driver’s insurer—notify both insurers promptly.
• Check court filing limits and procedures for Magistrate Court vs. Circuit Court on the West Virginia Judiciary website before filing.

Final notes and next steps

Start by gathering repair orders and rental receipts. Send a concise written demand with itemized loss-of-use figures and a reasonable deadline for response. If the insurer refuses or you suspect undervaluation, consider contacting a lawyer for advice or representation.

Disclaimer: This is an informational summary about asserting loss-of-use damages under West Virginia practice. It is not legal advice. For advice specific to your situation, contact a licensed West Virginia attorney.