Loss of use is compensation a vehicle owner may recover from an at-fault party for being unable to use their vehicle while it is being repaired or replaced. Rules vary by state. In auto claims, it is typically measured by the reasonable cost of renting a comparable replacement vehicle during the time reasonably necessary to complete repairs — and recovery is generally limited to that reasonable period.

First-party loss of use is a claim against your own insurer; many carriers estimate days with a formula such as one repair day per four labor hours, plus weekend and administrative days, then multiply by a daily rental rate (for example, 26 labor hours → 11.5 days × $100 = $1,150). Third-party claims seek damages from the at-fault party under state law and may use rental cost, rental value of the owner’s vehicle, lost income, or other measures. Some states treat repairable and total-loss vehicles differently; availability and measure always depend on the claim’s jurisdiction.

The insurance company will look at the value of the car versus the cost to repair it. If the cost to repair the car is about the same as or more than the value of the car, the insurance company will likely consider it "totaled."

Although we operate in several locations, our headquarters is located in Houston, Texas. Check out the map in our Services section for additional details about the states where we currently operate.

Choose Diminished Value for the lost market value after repair, Loss of Use for rental / downtime damages while the vehicle is in the shop, or the DV + LOU Bundle when both apply to the same claim. We also serve firms through our Business-to-Business (B2B) services. Note: a total-loss vehicle generally cannot support a diminished value claim; LOU rules for totals vary by state.

For diminished value, about 95% of clients use the Common Plan ($400) with a 2–4 business day turnaround. Choose Accelerated ($600) when a claim is about to settle and you need the DV report within 24 hours, or Exotic ($800) when comps are scarce. Loss of use is a separate Common Plan at $100. If you need both reports on the same claim, the DV + LOU Bundle is $450 — contact us for bundle and subscription details.

Generally, if the vehicle is less than 10 years old and has fewer than 100,000 miles, you can try filing a diminished value claim. The client must typically own the vehicle (not lease it), must not be at fault for the accident, and the vehicle should not be totaled. Diminished value claims for vehicles with a high number of prior accidents have a higher chance of rejection by the insurance company.

Generally, most attorneys do not handle property damage (PD). However, there are select law firms that will help recover the maximum value owed for property damage. For more info, check out the law firms that handle property damage in our Business-to-Business services.