Loss of use after a car accident is a recovery of damages for the loss of the use of your vehicle.  We all depend upon our vehicles to get us to and from work, to run errands and even for our leisure activities.  If you do not have access to your vehicle, it makes your life more difficult.

Loss of Use

After a car accident there will be damage to your vehicle.  It will go into the shop for repairs.  Your personal injury attorney fights to get you compensated. Your inability to use your vehicle is one of their avenues.

A rental car is compensation.  Some vehicles have a special purpose.  Like, a vehicle that is required for your business.  If the business must stop during the repairs, you are entitled to seek additional compensation.

Loss Of Use On Totaled Vehicle.

What if your vehicle was totaled in the accident?  In 2016 the Texas Supreme Court determined J & D Towing, LLC, Petitioner, v. American Alternative Insurance Corporation. They held that you could recover for not only the damages to replace your vehicle, but also for the loss of use till your vehicle could be replaced.

The court held that:

Reasonable and proper compensation must be neither meager nor excessive, but must be sufficient to place the plaintiff in the position in which he would have been absent the defendant’s tortious act.  In this way, compensation through actual-damages awards functions as “an instrument of corrective justice, an effort to put the plaintiff in his or her rightful position.

The court’s rationale was that you are entitled to compensation. When you suffer damages as a result of the defendant’s negligence.  This is true if the damages are done to your body, your property, or your ability to earn money.


If you have been involved in a car accident, make sure you use a professional to assist. We will help you in collecting all the compensation you should receive.  Do not be satisfied only with what they are willing to offer you.  Loss of use is only one of the many theories for compensation.