The owner of a vehicle damaged by another is entitle to recover loss of use damages under Florida law. These damages can be substantial, and the owner is entitled to recover damages whether or not they rent substitute vehicle. See, Meakin v. Dreier, 209 So.2d 252 (Fla. 2nd DCA 1968).
Most insurance companies do not comply with the law and limit the options offered to claimants.
The law is clear, and the law is:
- You are entitled to a rental car while your car is being repaired.
- You are entitled to rent a similar vehicle. For example, if you have a luxury car, you are entitled to the rental of a similar luxury car, and the same scenario applies to pick up trucks, motorcycles, recreational vehicles, sports cars, exotics, etc. It is not proper to attempt to substitute a vehicle that is not similar in class.
- You are entitled to a rental car for the reasonable period of time necessary to procure parts and repair your car.
- If you do not rent a car, you are still entitled to money to compensate you for loss of use.
I have been successful in making excellent recoveries for loss of use for personal cars and corporate fleet vehicles.