A loss of use claim after a car accident in Missouri pays you for the time you are without your car while it is repaired, based on reasonable rental value.
It is separate from your repair payment and comes from the at-fault driver’s insurer. Totaled cars are treated differently, so knowing the rules before you negotiate matters.
In this article, you will discover how loss of use works in Missouri and who pays, how many days and what daily rate you can claim, and how an attorney can push back on a low offer.
What Is Loss of Use in Missouri?
Loss of use is the money the at-fault driver’s insurance owes you for every day you’re stuck without your vehicle after a car accident. It’s not a favor. It’s a recognized category of property damage under Missouri law, and you’re entitled to it.
This claim is separate from what you get to fix your car or replace a totaled one. You can pursue both at the same time.
Who Pays Your Loss-of-Use Claim?
The at-fault driver’s insurer is the primary source. The at-fault driver’s property damage liability coverage is what covers your loss of use.
When that coverage isn’t available, you have two backup options:
- Your own rental reimbursement coverage: An optional add-on to your policy that pays for a rental car immediately, regardless of who caused the crash.
- Uninsured motorist property damage (UMPD) coverage: Another optional add-on that covers your property damage when the at-fault driver carries no insurance. Without it, your only move is to sue that driver personally, which rarely produces results.
How Many Days Can You Claim?
Missouri doesn’t set a fixed number of days. The standard is “reasonable,” meaning however long it actually takes to repair your car or find a replacement after a total loss.
- Repairable car: Your clock starts when the vehicle enters the shop and stops when repairs are complete. Delays caused by the insurer or parts shortages count toward your claim. Delays you create don’t.
- Totaled car: Missouri courts have historically limited loss-of-use recovery when a car cannot be repaired, so this claim is much harder to win on a total loss. Your own rental reimbursement coverage is often the more reliable option.
Here’s what adjusters won’t tell you: when an insurer drags out an inspection or stalls a valuation, that delay extends how long they owe you, not how long you can afford to wait.
One pattern we consistently see in property damage claims around St. Louis and Springfield is a repair that stretches for weeks because the shop is waiting on a part or the adjuster has not approved a supplement.
Those delays are not the vehicle owner’s fault, and they belong in the loss-of-use count. A short written note from the shop confirming each delay is often what keeps the adjuster from cutting those days.
What Daily Rate Is Reasonable?
The daily rate is based on the fair market cost of renting a comparable vehicle in your local area. If you drive a midsize sedan, you get compensated at midsize sedan rates, not pickup truck rates, and certainly not luxury SUV rates.
A few things determine what’s reasonable:
- The class and size of your vehicle (sedan, SUV, truck, minivan).
- Current rental pricing in your city.
- The total length of time you were without your car.
Adjusters will open with a lowball daily rate. Pull three local rental quotes for a comparable vehicle and you’ll have the evidence to push back.
Can You Claim Loss of Use Without Renting a Car?
Yes. And this is the one thing adjusters are counting on you not knowing.
You generally do not need a single rental receipt to make a valid loss-of-use claim in Missouri. The claim compensates you for losing access to your property. If you borrowed a car, took the bus, used rideshare, or just couldn’t get where you needed to go, you still lost the use of something that belonged to you. That has a real dollar value, and you’re owed it.
Adjusters often imply that receipts are required. Missouri courts measure loss of use by the reasonable rental value of a comparable vehicle, and Missouri case law does not clearly require that you actually rent one.
Does Loss of Use Apply to a Totaled Car?
It depends, and this is where insurers push back hardest.
Older Missouri appellate decisions held that loss of use is not recoverable when a vehicle is destroyed rather than repairable, so insurers often refuse these claims after a total loss. If your car was totaled, your own rental reimbursement coverage and a prompt, fair valuation from the insurer are usually the best ways to limit the time you go without a vehicle.
What Proof Do You Need?
You need to establish two things: how long you were without your car, and the reasonable daily value of that time. Start gathering evidence immediately.
- Dated repair invoice: Confirms the exact drop-off and pickup dates.
- Parts delay documentation: Get something in writing from the shop if they’re waiting on parts. This counts toward billable days.
- Local rental rate quotes: Pull quotes for a vehicle comparable to yours. These establish your daily rate even if you never rented.
- Rideshare and transit receipts: Every Uber, Lyft, cab, or bus receipt goes in the file.
- Written adjuster communications: Every email or text that documents a delay is a documented billable day.
Without a paper trail, the adjuster controls the number. With one, you do.
At Beck & Beck Missouri Car Accident Lawyers, a tactic we see repeatedly from adjusters handling claims in St. Louis County and Jackson County is offering a daily rate based on the cheapest economy car available, no matter what the client actually drives.
Pulling quotes from two or three local rental branches for a truly comparable vehicle usually answers that argument quickly. If you drive a pickup or minivan for work or family, those quotes matter even more.
What’s the Difference Between Loss of Use and Rental Reimbursement?
People mix these up constantly. They are two completely different claims.
| Loss of Use | Rental Reimbursement | |
| Who Pays | At-fault driver’s insurer | Your own insurer |
| Requires a Rental? | No | Yes |
| Requires Fault? | Yes | No |
| Daily Cap | Reasonable local market rate | Your policy’s daily limit |
| Applies to Total Loss? | Limited under Missouri case law | Usually ends at total loss |
These two can work together. Use your own rental coverage to get a car immediately, and we can pursue the at-fault insurer for anything your policy didn’t cover.
What If the At-Fault Driver Is Uninsured?
This is where things get harder. Loss of use is a property damage claim, and Missouri only requires uninsured motorist (UM) coverage for bodily injury, not for property damage.
If the at-fault driver has no insurance and you don’t carry optional UMPD coverage, you’re largely left to sue that driver personally. Collecting from someone who couldn’t afford insurance in the first place is rarely an effective path.
The lesson: Add UMPD coverage to your policy now. The premium is typically small, and going without it can leave you entirely on your own after a crash.
How Does Comparative Fault Affect Your Claim?
Missouri follows pure comparative fault, meaning your total recovery is reduced by whatever percentage of the crash is attributed to you.
If your loss-of-use damages total $1,000 and the insurer argues you were 20% at fault, you collect $800. Adjusters use this rule aggressively and intentionally to shrink what they pay. Never admit any fault at the scene, not casually, not to be polite, not at all.
What Is Not Covered by Loss of Use?
Loss of use covers the value of being without your car. It doesn’t cover everything connected to the accident.
Common exclusions:
- Fuel and rental insurance for your rental car.
- Upgrading to a more expensive rental class than your own vehicle.
- Days delayed by your own decision to wait before bringing your car in.
- Lost wages from missing work, which are a separate component of your personal injury claim.
How Do You File and Negotiate a Loss-of-Use Claim?
Loss of use isn’t a separate filing. It’s negotiated as part of your overall property damage settlement with the at-fault insurer.
- Open the claim immediately by notifying the at-fault insurer after the crash.
- Build your documentation: invoices, rental quotes, delay notes, and receipts.
- Submit a written demand that includes the daily rate, the number of days, and your total.
- Reject the first offer. It is almost never a fair number.
- Don’t sign a release until loss of use is paid. Once you sign that property damage release, your claim is gone permanently.
If your vehicle was a work truck, delivery van, or rideshare car, you may also be able to claim lost business income. That requires different documentation: tax records, delivery logs, or trip history from the app.
What Is the Deadline for a Loss-of-Use Claim in Missouri?
Missouri gives you five years from the date of the crash to file a property damage lawsuit, including one for loss of use, under Mo. Rev. Stat. § 516.120.
Don’t let that number make you comfortable waiting. Repair invoices get misplaced. Rental rate records disappear. Adjusters move on. Resolve your claim in the weeks right after the crash, not years down the road.
What Mistakes Should You Avoid?
These are the mistakes insurance companies quietly hope you make:
- Not claiming because you didn’t rent a car: This is the most common, and most expensive, mistake. You don’t need a receipt, and not filing leaves real money on the table.
- Accepting the first daily rate offer: Adjusters open low. Pull local rental quotes and push back.
- Signing a release too early: Once that document is signed, loss of use is gone. Forever.
- Waiting to drop off your car: Delays you create aren’t billable. Get your vehicle to the shop as soon as possible.
Missouri Auto Accident Law…It’s All We Do
Insurance companies are skilled at keeping money that belongs to you. A lowball daily rate here. A dragged-out inspection there. A rushed release before you understand what you signed away. It’s a system designed to wear you down.
We’re John and Paul Beck. We grew up in Missouri, we built this firm together, and Beck & Beck Missouri Car Accident Lawyers is the only law firm in the state that handles exclusively auto accident cases. Every case is worked personally by one of us. Never a paralegal. With decades of combined experience, we’ve secured strong results for our clients and have seen these tactics before.
We work on a strict no-win, no-fee basis. If medical bills are piling up while your car is in the shop, we can connect you with doctors who will treat you now and wait for payment until your case resolves.
We handle everything. All you have to do is work on getting better.
Frequently Asked Questions
Can You Recover Loss of Use in Missouri Without Renting a Replacement Car?
In most cases, yes, for a repairable car. Missouri measures loss of use by the reasonable rental value of a comparable vehicle while yours is being repaired, and an actual rental is not clearly required. Document your repair timeline and gather local rental quotes for a comparable vehicle to support the claim.
Does Loss of Use Apply If Your Car Is Declared a Total Loss?
Not reliably. Missouri courts have historically limited loss-of-use damages when a vehicle cannot be repaired, so a total loss claim is much harder. Your own rental reimbursement coverage is often the better source of help.
How Many Days of Loss of Use Can You Claim in Missouri?
There’s no fixed cap. Missouri applies a “reasonable” standard based on how long it actually takes to repair or replace your vehicle without any delays caused by you.
Can You Still Claim Loss of Use If You Own a Second Car?
Often, yes. The claim is for the loss of your specific damaged vehicle. Adjusters often argue that a second car means you lost nothing, so document how losing your vehicle affected your household.
Can You Use Rideshare or Transit Receipts to Support a Loss-of-Use Claim?
Yes. Receipts from Uber, Lyft, or public transit document your actual out-of-pocket transportation costs and strengthen the value of your claim.
What Is the Missouri Deadline to Sue for Loss of Use?
Missouri gives you five years from the accident date to file a property damage lawsuit under Mo. Rev. Stat. § 516.120, but resolving your claim as soon as possible gives you the best shot at collecting everything you’re owed.
