After an accident, the insurance company will either deem your motorcycle a total loss or repairable. If the adjuster deems it a total loss, you have a right to be paid "loss of use" damages from the date of the motorcycle accident through the date you receive the total loss check. If the adjuster deems your motorcycle repairable, the insurance company must pay you loss of use damages from the date of the accident until the date that the repair of your motorcycle is completed.
How is Motorcycle Loss of Use Calculated in California?
California law holds that you are entitled to be paid the reasonable cost to rent a similar motorcycle for the amount of time reasonably necessary to repair or replace your motorcycle.
The cost to rent a motorcycle can run $100 to $150 per day.
You are entitled to be paid motorcycle loss of use damages even if you do not rent a replacement motorcycle while yours is in the shop or while you are waiting to receive the total loss check.
Bottom line to you: you have a right to demand that the other driver's insurance company pay you approximately $125 per day from the date of the accident until the date your motorcycle is repaired, or from the date of the accident until the date you receive the total loss check. And you are entitled to that money even if you do not rent a replacement motorcycle.
If you don't ask for Loss of Use Compensation, you won't get it
When you are dealing with the other driver's insurance company, they owe no duty to you to explain what you are entitled to claim. The insurance adjuster will not tell you that you have a right to be paid for the loss of use of your motorcycle. You must demand and fight for this compensation. The insurance adjuster may attempt to get you to sign a Property Damage Release. Do not sign it if you have not been paid for loss of use.
Many personal injury attorneys are not aware that motorcycle accident victims have a right to loss of use damages. At McGee, Lerer and Associates, we have extensive experience representing
Pasadena motorcycle accident victims. We will not let the insurance company off the hook until you have received every dollar to which you are entitled.
No Fee on Motorcycle Loss of Use Claims
If we also represent you on a bodily injury claim arising out of your motorcycle crash, we will waive any fee on the money collected on your motorcycle loss of use claim if we can settle the claim without filing a lawsuit.
Contact a Pasadena motorcycle accident attorney today. We will demand that the insurance company pay you for the loss of use of your motorcycle.