Loss of Use: The Insurance Companies' Biggest Kept Secret
Loss of Use is the inability to use your luxury automobile, due to damage caused by the negligence or wrongdoing of another. It can also be defined as the damage a person suffers from the inconvenience and loss of enjoyment of not having use of their car after it has been in an accident. The owner of the vehicle has a right to be compensated for the loss of use/enjoyment of driving their car.
Luxury vehicles such as BMW, Mercedes Benz, Porsche, Ferrari etc. tend to spend more time in body shops when undergoing collision repairs. Down times of 60 days or more are not uncommon as virtually all luxury vehicles are built with more sophisticated electronics and custom paint, therefore requiring more expertise and attention to detail in order to restore them to their pre-accident condition.
At Findler & Findler, P.A,, we are keenly aware of the laws surrounding Loss of Use. We know that the owner of a luxury vehicle is entitled to monetary damages commensurate with the cost of renting a similar vehicle.
Most rental agencies do not incorporate high end luxury vehicles such as Mercedes Benz, Bentley, BMW, Maserati, Porsche etc. into their fleet of available rentals. As a consequence, one must look to the exotic car rental companies to determine what the daily or weekly rate would be for their particular luxury vehicle.
Furthermore, the luxury vehicle owner IS NOT obligated to actually rent a replacement vehicle in order to make a valid Loss of Use claim! Whether they rent a vehicle or not, they are still entitled to claim loss of use as they have been deprived of their ability to drive and enjoy the vehicle they have either purchased or leased during the time it is in for repair.
Insurance companies will argue that their obligation is satisfied as long as they have offered to provide and/or pay for a vehicle that is operational and functional. This "smoke screen argument" is designed to confuse and mislead the luxury vehicle owner/lessee from pursuing their rightful Loss of Use claim against the at-fault party's insurance company.
Findler & Findler, P.A. will use their independent licensed automobile appraiser experts to determine exactly what your monetary loss of use damages are.