It’s best to let a lawyer deal with the insurance company. Adjusters minimize or ignore these claims.
After a car accident, most people understandably focus on their injuries and dealing with the insurance company to cover repairs and medical bills. But if your car is undrivable, even for a few days, you could be entitled to loss of use compensation. The costs of alternate transportation and lost time add up fast, and many overlook the utility of this part of a car accident claim.
Working with an Atlanta car accident lawyer can help you recover the full value of your claim by avoiding missteps which can reduce your payout, including overlooking loss of use and other common mistakes.
What Is a Loss of Use Claim?
A loss of use claim covers the financial impact of being without your vehicle after an accident. If you’re forced to rent a car, rely on rideshares, or if you miss work because your car is in the shop, those costs are recoverable through the at-fault driver’s insurance company.
In Georgia, this is considered part of your property damage-related expenses.
If you’ve been injured in a car accident and your vehicle was damaged, an experienced car accident attorney can help you track the extent of your damages and push back if the insurer offers too little or drags its feet.
Common Mistakes to Avoid When Filing a Loss of Use Claim
Failing to seek immediate medical attention is an obvious mistake (always get medical help immediately after an accident!), but there are some common procedural mistakes that trip people up when filing loss of use claims. Insurance companies don’t go out of their way to explain your rights, and they’re quick to deny or downplay what you’re owed.
Here are some typical administrative errors we see on the part of claimants:
Not Filing the Claim at All
Many accident victims don’t realize they can file a loss of use claim, especially if they didn’t rent a car after the crash. But you don’t have to show actual out-of-pocket costs; you’re entitled to compensation for the time your vehicle was unusable, even if you made do without a rental.
If the driver’s insurance company caused the delay, that still counts. An experienced car accident lawyer can help calculate the reasonable value of that lost time and file the claim on your behalf.
Waiting Too Long to Notify the Insurance Company
Delays can hurt your insurance claim. If you wait too long to notify the insurer or provide documentation, they may question the timeline or deny that your damages are related to the accident.
Georgia law doesn’t give you unlimited time, either. The statute of limitations for a personal injury claim is typically two years, but insurance policies require much earlier notice, so act promptly.
Not Keeping Documentation
You’ll need more than just your word to support a loss of use claim. Keep records of:
- The number of days your car was out of service
- Any rental car receipts, rideshare expenses, or lost income
- The repair timeline from the auto shop
- The police report and any witness statements
Without documentation, it’s easy for insurers to claim your losses were exaggerated or unrelated.
Accepting a Low or Incorrect Daily Rate
Insurance companies usually offer a flat daily rate, but it tends to be subpar. The amount should reflect the fair rental value of a similar vehicle, not the cheapest economy option.
If you drive a truck, SUV, or luxury vehicle, be cautious. The insurer might try to base their offer on the lowest possible rate, not even close to covering your actual loss. A personal injury attorney will push for a more realistic figure during negotiations with the insurance companies.
Assuming Insurance Will Handle It Automatically
Some drivers assume the insurer will automatically calculate and pay for loss of use, especially if repairs are covered. That’s hardly ever the case. Most of the time, this part of the claim must be requested and separately supported.
Don’t assume it’s being taken care of behind the scenes. If you don’t raise the issue, the insurance company probably won’t either.
Not Knowing State-Specific Laws
Loss of use laws vary by state, and Georgia doesn’t have a single statute that spells everything out. However, courts in Georgia do recognize the right to recover loss of use damages, even if no rental was obtained, as long as you can show the extent of your damages and the repair period.
Seeking legal support from a local Atlanta car accident lawyer who understands Georgia case law and insurance practices helps avoid common pitfalls and strengthens your personal injury claim from the start.
Tips on How to Maximize Your Loss of Use Claim
Getting the most from your loss of use claim means you need to document it properly and push back if the insurer undervalues your time without a vehicle. Here are a few quick tips to strengthen your case:
- Track the full downtime: Note exactly how many days your car was undrivable, including repair delays or inspections. This helps establish the extent of your damages.
- Save your receipts: Keep records of any rental car costs, rideshares, or public transit expenses. Even if you didn’t pay out of pocket, your claim can still be valued based on fair rental rates.
- Push for a realistic daily rate: Never accept the lowest offer. The value should match what it would cost to replace your specific vehicle, not a compact rental.
- Don’t rush into a settlement: Many early offers leave out loss of use damages entirely. A personal injury attorney will review your case to make sure everything is accounted for.
It’s best to let a lawyer deal with the insurance company. Adjusters minimize or ignore these claims, and a knowledgeable Atlanta car accident lawyer will handle the back-and-forth and fight for a full payout.
Contact Hoffspiegel Law’s Personal Injury Attorneys Today
If you’ve been in a crash and your car was out of commission, don’t overlook your right to loss of use compensation. Days you paid for a rental or made other arrangements represent real, recoverable losses, and you shouldn’t be left to absorb them on your own.
Before accepting a settlement offer, let an experienced Atlanta car accident lawyer review your case. They will help answer your questions, explain your options, and protect your rights.
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