In court, what is "loss of use"?

Answer 1

"Loss of use" is a term that is used to describe a particular type of damage. It is simply the amount of compensation requested for not being able to use something that was lost. It is generally only applied to tangible items or property, like a car or a house. If you can't use your car while it is being repaired, you are entitled to loss of use (usually the cost of the replacement rental car), if you can't use your house while it is being rebuilt after a fire, you are entitled to loss of use (again, what it cost to rent suitable replacement housing for that time frame).

Answer 2

If I had a fire, or there was a tornado, and my house is unusable because of the damage. My insurance policy says the insurance company will reimburse me for the loss of use of that house until I can get it repaired or replaced--up to a certain amount, usually a percentage of the value of the house. This is the money I need to rent a motel or apartment during the time the repairs are made. If the insurance company doesn't want to pay for my loss of use, then I see them in court.

See page 2 on ASIHOA0103.pdf

Answer 3

Not totally sure about this, as I am not an expert in the profession, but I do believe that it refers to a situation where a contracted service (ie, rental, etc) cannot be completed due to circumstance. In court, I believe that litigants can sue to be compensated for this loss, in addition to other damages.

For instance, if my landlord floods my apartment (and through no fault of my own I cannot live in it for a certain period of time), I can sue him for "loss of use", meaning that I could not live there and enjoy my home. I am not sure that this would be the same as say, crediting your rent for the missed days, as there are a lot of intangibles when you are forced to move out, albeit temporarily. I am not sure if it refers to situations such as damage from neighbors, though I am sure that there would be some sort of equivalent.

I believe that you can also get insurance for this very situation, in the event you cannot use your apartment, car, etc.

Answer 4

Sometimes they are speaking of loss of connubial rights. That is when a married couple can not have sexual relations due to an accident that someone was liable for. The "loss of use" enables the spouse to be compensated as well as the injured party.

Answer 5

There is a value to having something, a car, a boat, real property, etc. that you can use and enjoy. If you are unable to use it as a result of someone's actions, you might be entitled to payment for "loss of use".
It is sometimes hard to quantify (how often do you actually use the boat?) but rental or lease costs for a similar replacement may provide guidance.

Answer 6

what bonesofateacher said is correct, but remember if this is regarding an automobile in some states if it is determined to be a total loss, loss of use does not apply anymore (this is only after the fact that you are notified by the insurance company) it does not have to be written and they have to make you an offer.
But insurance laws are governed by the state so they can vary from state to state.
And I am assuming your question is related to some insurance problem

Answer 7

A monetary amount of damages applied to the long-term removal ot an item that generated income, or in the case of personal injury - damages for some form of injury that is permanent.

Answer 8

a provision in some commercial general liability policies, excluding coverage for (1) the loss of use of undamaged property resulting from the insured's delay or failure in performing an obligation, or (2) a design defect or failure in the insured's product.

Answer 9

It means what it sounds like it means. What is the context besides "in court?" It is applicable mostly in tort actions in alleging you are no longer able to use something and are seeking compensation.

Answer 10

it's when you can't use something

like if someone wrecked your motorcycle and you couldn't use it to drive to work you have "loss of use"

or if you can't use your hand anymore cuz it's paralyzed?

or if you can't use your apartment because there's no door or windows.