Loss of Use Claim Lawyer in Orange County, California
A loss of use claim lawyer helps accident victims recover compensation for every day they are without their vehicle while it is being repaired and most insurance companies work hard to limit or deny these payments. At Kerr Law Firm, our skilled personal injury attorneys have represented Orange County residents in vehicle accident claims since 1979. If the at-fault party’s insurance carrier is refusing to cover your loss of use damages or offering far less than a car like yours would cost to rent, we handle the full legal fight so you can focus on moving forward.
What Is a Loss of Use Claim After a Car Accident?
Loss of use is the cost to rent a vehicle similar to yours during the time reasonably necessary to repair or replace your vehicle after a car accident caused by another party. Under California property law, a vehicle owner is entitled to reimbursement for being deprived of the use of their vehicle from the date of the accident through the completion of repairs or the determination of a total loss.
Loss of use damages are separate from, and in addition to, the repair bill or market value settlement you receive for the vehicle itself. Many accident victims never pursue these damages because insurance carriers do not volunteer the information. Loss of Use car accident damages are only recoverable through the at-fault driver’s liability insurance. You are entitled to be compensated for being deprived of using your vehicle for every day your car is out of service.A skilled personal injury attorney can calculate your exact loss of use period, document the full compensation owed, and challenge insurer attempts to cut off payments early or impose unreasonably low daily rental rates for a vehicle like yours.
How Loss of Use Claims Work in California
California loss of use compensation is calculated by multiplying the daily cost to rent a vehicle similar to yours by the number of days your car was unavailable for use. Simple in theory. In practice, insurance companies dispute the daily rate, challenge the number of covered days, and delay the repair process then use that delay to cut off your rental reimbursement. Here is how the claim process typically works:
- File accident reports. Police and accident reports establish fault and trigger the property damage claim with the at-fault party’s insurer or your own.
- Obtain repair estimates. Written collision damage assessments define your vehicle’s out-of-service start date and the projected repair duration.
- Track every day of the repair process. Every day your car is in the shop including delays from parts availability or insurer appraisal scheduling—counts toward your loss of use damages.
- Challenge the insurer’s position. Insurance carriers routinely cap daily loss of use below the cost of a comparable vehicle or claim repairs should have been completed faster than they actually were.
Negotiate or litigate. When an insurance company refuses a fair settlement, Kerr Law Firm escalates through demand letters, negotiation, or litigation to recover the full amount you are owed.
Loss of Use, Diminished Value, and Total Loss: Understanding All Three Claims
California vehicle accident victims can often pursue multiple claims simultaneously. Understanding the difference ensures you recover every dollar you are entitled to:
| Claim Type | What it Covers | When It Applies |
|---|---|---|
| Loss of Use | The cost to rent a vehicle similar to yours during the time reasonably necessary to repair or replace your vehicle | Any accident where your vehicle was out of service for repairs or replacement |
| Diminished Value | The difference in the value of your car immediately after the accident and immediately after repairs have been made | Applies to repaired vehicles that are now worth less than their pre-accident market value |
| Total Loss | Full market value replacement for a vehicle that cannot be economically repaired based on repair estimates | Vehicle damage exceeds the car’s pre-accident value under California total loss rules |
What Loss of Use Damages Can You Recover?
In a California loss-of-use claim, what you can recover depends on your vehicle type and the total number of days your car was unavailable. Recoverable damages typically include:
- Loss of Use damages based on the cost to rent a similar vehicle to your own vehicle, not based on the economy-tier rate insurance companies prefer to offer
The at-fault party’s liability insurance is the primary recovery source in most automobile accident claims.
Why Choose Kerr Law Firm for Your Loss of Use Claim?
Kerr Law Firm is a skilled personal injury law firm that has served Orange County vehicle accident victims since 1979 more than 45 years of continuous practice focused entirely on litigation. Over 200 local attorneys across a wide range of practice areas refer their personal injury cases to us. That level of peer recognition reflects the consistent results we deliver against even the most resistant insurance carriers.
We carry particular depth in loss of use and diminished value claims involving high-value and luxury vehicles, where the daily rental rate and the depreciation stakes are at their highest. Our contingency fee model means we advance all costs you pay nothing until we secure a recovery on your behalf. And if your case is better resolved in small claims court, we will tell you that directly and give you the resources to handle it yourself.
Managing Partner Russell S. Kerr has dedicated 100% of his practice to litigation since 1979, holds a Juris Doctor cum laude from Pepperdine University, and is a member of the Million Dollar Advocates Forum. The firm’s 4.8-star rating across more than 144 client reviews reflects a consistent standard of honest, responsive, and tenacious representation.
Frequently Asked Questions About Loss of Use Claims in California
Loss of use is calculated by multiplying the cost to rent a vehicle similar to yours by the number of days your car was unavailable for use. If your vehicle is a luxury or high-performance automobile, you are entitled to a daily rate similar to your own vehicle, not an economy car. Insurance companies frequently offer the lowest available daily rate, but that figure is disputable and is regularly challenged successfully by a skilled loss of use attorney.
Yes. If another driver caused the accident, their liability insurance covers your loss of use damages as part of the property damage claim.
Loss of use runs from the date your vehicle was damaged through the completion of repairs—the full time reasonably necessary to repair or replace your vehicle. For total loss vehicles, it runs through the date the insurance company makes a settlement offer. Delays caused by parts availability, paint curing time, or the insurer’s own appraisal scheduling are all included. Unreasonable insurer-caused delays can extend your compensation period and may support additional legal claims.
Lowball loss of use settlements are common. Insurance carriers routinely cap daily rates below the comparable rental cost, shorten the covered repair period, or deny loss of use entirely. A loss of use claim lawyer can assist you with finding an appraiser who can document the full loss of use damages owed, formally demand a fair settlement, and pursue litigation if the at-fault party’s insurer refuses to pay.
Not every loss of use claim requires an attorney — but when the insurance company is disputing the daily rate, cutting off the loss of use period early, or denying the claim altogether, legal representation typically results in a significantly higher recovery. Kerr Law Firm offers a free consultation and charges nothing unless we recover compensation for you. Even if we do not take your case, we will point you toward the right resources.
Contact a Loss of Use Claim Lawyer in Orange County Today
If an insurance company is fighting, delaying, or underpaying your loss of use claim, Kerr Law Firm can help. Our skilled personal injury attorneys serve accident victims across Orange County and have been protecting vehicle owners’ rights since 1979. Contact us today for a free consultation, no fees until we win your case.
