Motorcycle Loss of Use
Get Paid for the Loss of Use of your Motorcycle after an Accident
If your motorcycle is deemed repairable after a
motorcycle accident, not only are you entitled to demand that the other driver's insurance
company pay for its
diminished value (if it suffered significant damage), but you are also entitled to be paid
for the loss of use of your motorcycle during the time it is in the shop
being repaired. If your motorcycle is deemed a total loss after an accident,
you are entitled to loss of use compensation for the length of time it
took to receive the total loss check.
You can only make a loss of use claim against the other driver's insurance.
You cannot make a loss of use claim under your own insurance policy.
How is Loss of Use of a Motorcycle Calculated?
Under California law, the measure of damages for loss of use of a vehicle
is its reasonable rental value or the cost of renting a similar substitute
vehicle. Even if you don't rent a replacement vehicle, you are entitled
to loss of use damages.
A rental motorcycle can cost about $100 to $150 per day.
What that means is: even if you don't rent a motorcycle, you may be
entitled to $100 to $150 per day for each day that your motorcycle is
in the shop being repaired, or, if your motorcycle was totaled, for the
length of time it takes the insurance company to get you a total loss check.
Insurance Companies won't tell you about your Right to be Paid for
Loss of Use
The other driver's insurance company won't volunteer that you are
entitled to pay for the loss of use of your motorcycle. You or your attorney
must demand the compensation. Many personal injury attorneys frankly don't
know to ask for this for their clients or don't want to be bothered
because it's not worth their time. But it's the motorcycle accident
victim who loses out by getting victimized a second time. This money rightfully
belongs to the injured motorcyclist.
If the other driver's insurance company does offer to pay you for loss
of use, they will usually only offer to pay about $20 per day, claiming
that is what a rental car would have cost you. Reject this offer. The
law says they have to pay you the motorcycle's reasonable rental value,
which is much more than $20 per day.
At McGee, Lerer & Associates, our
Long Beach personal injury lawyers routinely demand loss of use compensation for our motorcycle accident
clients. We refuse to accept less than the full value of our client's
loss of use claim. If it takes 83 days for the other side to pay for the
total loss of our client's motorcycle, then we will demand loss of
use of $8,300 ($100/day x 83 days), and
we will collect it.
No Fee on Loss of Use Claims
If we also represent you on a motorcycle accident injury claim, we will
waive our fee on any money we collect for you on a loss of use claim if
we can settle the claim without filing a lawsuit.
Contact a Long Beach motorcycle accident attorney to discuss your right to be paid for the loss of use of your motorcycle.