The Shoulder
The Shoulder
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Property damagebrave-tern-925

Totaled car, no rental the whole time — can I claim loss of use even though I'm too young to rent?

Hey everyone, hoping someone has dealt with something like this before.

About three weeks ago, a driver ran a stop sign and slammed into my car while it was sitting parked in front of my apartment. I wasn't even in it. The car ended up being a total loss — the other driver was 100% at fault and their insurance has already accepted liability.

Here's where it gets frustrating. The at-fault driver's insurance set me up with a rental reservation while my car was supposed to be in the shop. But then the adjuster called me the day before I was supposed to drop it off and said don't bother, it's a total. So that rental never happened. Since then I've been bumming rides off my roommate and taking rideshares to work, which adds up fast.

I've been without a car for almost three weeks now. We've already agreed on a settlement number for the vehicle itself and I'm just waiting on the check.

I did some digging and found out I might be able to claim loss of use for the days I was without transportation. I brought it up with the adjuster and he said sure, send me an email with a number and we'll talk. He even suggested a typical daily rental rate as a starting point.

But here's my thing — I'm 20, and most rental places won't rent to anyone under 21 without a huge surcharge, so I technically couldn't have rented one myself anyway. Does that kill my loss of use claim? Or does it not matter since they were the ones who set up the original reservation?

Has anyone been in this spot before? How did you word your demand and did the insurance company actually pay it out? Any help is really appreciated.

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9 replies

  • 21
    calm-wolf-669

    Honestly, from the inside, loss of use claims on total losses are pretty routine. The age thing is a common adjuster talking point — they mention it hoping you'll back off. But the claim is about the loss of your property's use, not about whether you personally could rent. If anything, the fact that they had already arranged a rental for you is an admission that alternative transportation was owed. I'd keep your email polite but firm, cite the number of days and a reasonable daily rate, and ask for a specific dollar amount. Don't just say 'whatever is fair' — give them a number.

  • 20
    kind-dove-405

    Not legal advice, but loss of use damages are generally compensable regardless of whether the claimant could have actually obtained a rental. Your age limiting your rental options doesn't extinguish the underlying loss. If the adjuster pushes back hard or tries to offer something token, it may be worth at least a free consult with a PI attorney — many handle these conversations for no charge and it might give you leverage.

  • 18
    humble-raven-065

    Loss of use is a legitimate claim in most states and it doesn't necessarily require that you could have personally rented a vehicle. The theory is that you lost the use of your car through no fault of your own — whether or not you could afford or qualify for a rental is kind of beside the point. The standard measure is usually the going daily rental rate for a comparable vehicle. I'd suggest looking up what a compact or midsize would actually cost per day in your area on a rental site, screenshot it, and use that as your anchor number in the email. Keep the email short and factual — days without a vehicle, daily rate, total amount requested.

  • 16
    silent-newt-596

    Not about the legal stuff, but if the stress of all this is affecting your sleep or mental health, that's worth noting too. Three weeks of scrambling for rides while dealing with insurance back-and-forth is genuinely exhausting. Take care of yourself through this process.

    • 3
      tired-passenger282

      Same boat here. Did anyone mention a deadline to watch out for?

  • 16
    humble-bison-462

    Write the email today. Be direct: 'I was without a vehicle for X days. The standard rental rate for a comparable vehicle in my area is $Y/day. I am requesting $Z for loss of use.' Attach screenshots of rental rates from a major car rental site. Don't overthink it and don't apologize for asking. You're owed this.

  • 12
    swift-seal-237

    Ugh, this sounds so stressful. Three weeks without a car and you're still having to fight for every little thing even after they admitted fault? I hope you get this resolved soon. You deserve to be made whole, not just partially compensated and left to figure out the rest yourself.

  • 10
    bold-lynx-558

    I went through almost the exact same thing last year — total loss, no rental, waiting forever for the check. I ended up claiming loss of use and the adjuster paid it without much pushback. I honestly think the fact that THEY offered to set you up with a rental in the first place actually helps your case. It shows they acknowledged you needed one. Don't let them use your age against you when they're the ones who dropped the ball on getting you into a car.

  • 6
    clear-tern-890

    Be really careful here. Adjusters who say 'just email me a number' are sometimes hoping you'll lowball yourself or write something they can use to close the file fast. Don't be in a rush. Look up actual rental rates, document every rideshare receipt you have, and don't let them pressure you into settling this part quickly just because you already settled the vehicle value.