Far too often, subrogated auto insurance carriers fail to submit loss-of-use claims or simply waive loss-of-use damages for marginal value while negotiating a third-party auto-property settlement.

Many adjusters undervalue loss-of-use claims, viewing these damages as small bargaining chips as opposed to independently sustainable claims.

The skepticism of loss-of-use damages is largely caused by the adverse carrier’s blanket denials or refusal to give appropriate weight to loss-of-use claims.

Whether $250 in rental-car fees for personal auto claims or $40,000 for a commercial auto downtime claim, these damages should not be ignored.

Loss of use in general refers to the inability to use a vehicle, living quarters, business facility, or equipment due to damage caused by the negligence of a third party.