If You Do Not Rent A Vehicle During Repairs, You Are Entitled To Money Just For 'Losing The Use' Of Your Vehicle During Repairs And While Awaiting Replacement Parts.
If your vehicle is a "total loss" (meaning it will not be
repaired), then skip this paragraph (because it does not apply to
you). But, if your vehicle will be repaired (meaning it is not a "total loss") and if you put your vehicle in the repair shop for repairs, and
if you do not (or can not) obtain a rental vehicle to use while your
vehicle is in the repair shop, then you have "lost the use of a
vehicle" (during repairs or while awaiting replacement parts). Under these circumstances, the insurance company on the other side only (not your insurance company) must pay you just for being without the use of a vehicle (during repairs). Northamerican Van Lines, Inc v. Roper, 429 So.2d 750 (Fla. 1st DCA 1983); Alonso v. Rodriquez, 379 So.2d 685 (Fla. 3rd DCA 1980); Meakin v. Dreier, 209 So.2d 252 (Fla. 2nd DCA 1968). Under the law, the amount that the insurance company on the other side (only) owes you for the "loss of use" of a vehicle (during repairs) is the (same) amount of money
that a rental vehicle of the same size and value as your vehicle would
have cost you if you had rented one during repairs (even though you did
not). Alonso; Roper. Simplified, this means that the insurance company on the other side (only) owes you for the cost of a rental vehicle (about $20.00 per day) whether you actually rent one or not. But, you are not legally entitled to reimbursement for a rental vehicle and for payment for loss of use of a vehicle during repairs on the very same days
(because you do not "lose the use" of a vehicle during repairs if you
use a rental vehicle during repairs at the expense of the insurance
company). You can get one or the other (a rental vehicle or payment for loss of use) for any single day during repairs, but you cannot get both for the same days.
For more information about Rental Vehicle Accidents in Orlando contact Hanson &
Hanson, P.A. today at 1-800-426-7662 to schedule your free initial
consultation. More information about Orlando Auto Accidents can be
found in the practice areas section of our website.
