After a car accident, you are likely facing both medical costs and auto repairs. While your insurance claim should cover both, there are some important damages you might overlook without advice from a Greenville car accident lawyer. One of the most common factors you should include is the financial impact you have because you can’t use your vehicle.
At Smith Jordan Law, we believe in educating our clients so they understand how the insurance claim process can benefit them without reducing their settlement. Below, we provide a guide to understanding “loss of use” car accident claims so you can seek full compensation.
What does “loss of use” mean for an SC car accident claim?
Whether your car is damaged a little or a lot, it will need to be repaired, putting it in the auto shop for a few days or weeks. During that time, you don’t have a vehicle, which makes it hard to take care of daily tasks and get to work. You probably need to get a rental car to get around, and all these costs are part of your “loss of use” expenses.
A “loss of use” claim in a car accident covers the time you are without your car as a result of a wreck. You may include a loss of use claim in a liability claim after an accident that wasn’t your fault. It’s vital that you work with a skilled car crash attorney so you don’t miss out. Insurance companies often tell unrepresented folks that they don’t have to pay for loss of use, or try to only pay them a low daily amount.
How do I calculate my “loss of use” damages?
Loss of use is most commonly calculated by the cost to rent a similar vehicle for the same time period. See Scott v. S. Ry. Co., 97 S.E.2d 73, 75 (S.C. 1957). If you are without a vehicle for ten days while your vehicle is getting repaired, then your loss of use would be the cost to rent a similar vehicle for those 10 days. If you were driving a full size truck, then the appropriate vehicle rental cost to use would be a full size truck. If you have a specialty vehicle such as a work truck, then the cost to rent a similar work truck would be the proper measure of loss of use.
If the insurance company gets you a rental vehicle, then you cannot claim loss of use for the time that you have a rental vehicle. However, if you have another car at home that you drive while the damaged car is being repaired, you can still claim loss of use since you were deprived of the use of that vehicle.Again, your auto wreck attorney in Greenville will help you accurately calculate what you should request in your car insurance claim.
Notify the insurance company about your “loss of use” damages
As soon as you realize you’ll have these losses, notify the appropriate insurance company that you will make a “loss of use” claim after a car accident. This allows them to include these considerations in their calculations and prepare a more accurate offer. Provide as much detail as you can right away and continue sharing bills and estimates as they come in, according to your car accident lawyer’s guidance.
In South Carolina, all drivers must meet the auto insurance requirements for liability insurance and uninsured/underinsured (UM/UIM) motorist coverage. If you are hit by someone else, you can file against their liability insurance, but if they do not have any coverage or not enough, you can use your UM/UIM policy to pay for your losses. The minimums on these policies are $25,000 of bodily injury coverage ($50,000 per incident) and $25,000 of property damage.
Your “loss of use” claims are paid out of the property damage portion. Hire an experienced personal injury lawyer to manage the legal nuances of a lawsuit so you can concentrate on recovering from any injuries and getting your life back together.
Smith Jordan Law can help you get a fair value for “loss of use” and other damages in your Greenville car accident claim
When someone else causes your car accident, don’t wait to take action, and don’t accept too little from your insurance claim settlement. Take action immediately by arranging a free consultation with a qualified Greenville car accident lawyer on your side. At Smith Jordan Law, we put you first and always seek maximum compensation for your case.
If we don’t get a settlement for you, you don’t pay us. We are ready to answer your questions when you contact us online or call us at (864) 343-2222 today.
