In a claim does ‘ loss of use’ apply’

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In a claim does ‘ loss of use’ apply’

I’m in Washington State and suffered a rear end on my motorcycle. Its been a year with no closure to the claim, but does a ‘Loss of use’ apply for the last 365 days?

Asked on April 1, 2019 under Insurance Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Do you mean loss of use of the motorcycle? If so, there is no claim for a year's loss of use: you can only potentially recover for loss of use for a "reasonable" time, which is generally the time it would take someone *with funds* to buy and register a new motorcycle or get the existing one repaired, if it is repairable--maybe 1 - 4 weeks, depending on circumstances. The law expects you to act reasonably to mitigate or take steps to reduce your loss, and does NOT take your personal financial circumstances (e.g. inability to buy a new motorcycle or repair the existing onewithout getting the proceeds of the claim) into account, because the other party (the driver who hit you) and his/her insurer is not responsible for and did not cause or control your lack of funds or savings and cannot reasonably foreee it--but another driver is only liable for what he/she could reasonable foresee or did cause. So you'd be expected, if you needed or wanted a working motorcycle to, as appropriate, pay to fix your motorcycle out of pocket or else buy a new one (while seeking reimbursemnt through the insurer of by bringing a legal action).


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