§ 8.01-66. Recovery of damages for loss of use of vehicle.
A. Whenever any person is entitled to recover for damage to or destruction ofa motor vehicle, he shall, in addition to any other damages to which he maybe legally entitled, be entitled to recover the reasonable cost which wasactually incurred in hiring a comparable substitute vehicle for the period oftime during which such person is deprived of the use of his motor vehicle.However, such rental period shall not exceed a reasonable period of time forsuch repairs to be made or if the original vehicle is a total loss, areasonable time to purchase a new vehicle. Nothing herein contained shallrelieve the claimant of the duty to mitigate damages.
B. Whenever any insurance company licensed in this Commonwealth to writeinsurance as defined in § 38.2-124 or any self-insured company refuses orfails to provide a comparable temporary substitute vehicle to any personentitled to recover the actual cost of hiring a substitute vehicle as setforth in subsection A, and if the trial judge of a court of properjurisdiction subsequently finds that such refusal or failure was not made ingood faith, such company shall be liable to that person in the amount of $500or double the amount of the rental cost he is entitled to recover undersubsection A, whichever amount is greater. If the trial court finds that anaction brought against an insurance company or any self-insured company undersubsection B is frivolous, or not to have been brought in good faith, thecourt may in its discretion require the plaintiff to pay the reasonableattorney's fees, not to exceed $350, incurred by the defendant in defendingthe action. This section shall in no way preclude any party from seeking suchadditional common law remedies as might otherwise be available.
(Code 1950, § 8-646.9; 1975, c. 478; 1977, c. 617; 1979, c. 499; 1986, c.296; 1987, c. 116; 1989, c. 348; 2010, c. 343.)
§ 8.01-66. Recovery of damages for loss of use of vehicle.
A. Whenever any person is entitled to recover for damage to or destruction ofa motor vehicle, he shall, in addition to any other damages to which he maybe legally entitled, be entitled to recover the reasonable cost which wasactually incurred in hiring a comparable substitute vehicle for the period oftime during which such person is deprived of the use of his motor vehicle.However, such rental period shall not exceed a reasonable period of time forsuch repairs to be made or if the original vehicle is a total loss, areasonable time to purchase a new vehicle. Nothing herein contained shallrelieve the claimant of the duty to mitigate damages.
B. Whenever any insurance company licensed in this Commonwealth to writeinsurance as defined in § 38.2-124 or any self-insured company refuses orfails to provide a comparable temporary substitute vehicle to any personentitled to recover the actual cost of hiring a substitute vehicle as setforth in subsection A, and if the trial judge of a court of properjurisdiction subsequently finds that such refusal or failure was not made ingood faith, such company shall be liable to that person in the amount of $500or double the amount of the rental cost he is entitled to recover undersubsection A, whichever amount is greater. If the trial court finds that anaction brought against an insurance company or any self-insured company undersubsection B is frivolous, or not to have been brought in good faith, thecourt may in its discretion require the plaintiff to pay the reasonableattorney's fees, not to exceed $350, incurred by the defendant in defendingthe action. This section shall in no way preclude any party from seeking suchadditional common law remedies as might otherwise be available.
(Code 1950, § 8-646.9; 1975, c. 478; 1977, c. 617; 1979, c. 499; 1986, c.296; 1987, c. 116; 1989, c. 348; 2010, c. 343.)
§ 8.01-66. Recovery of damages for loss of use of vehicle.
A. Whenever any person is entitled to recover for damage to or destruction ofa motor vehicle, he shall, in addition to any other damages to which he maybe legally entitled, be entitled to recover the reasonable cost which wasactually incurred in hiring a comparable substitute vehicle for the period oftime during which such person is deprived of the use of his motor vehicle.However, such rental period shall not exceed a reasonable period of time forsuch repairs to be made or if the original vehicle is a total loss, areasonable time to purchase a new vehicle. Nothing herein contained shallrelieve the claimant of the duty to mitigate damages.
B. Whenever any insurance company licensed in this Commonwealth to writeinsurance as defined in § 38.2-124 or any self-insured company refuses orfails to provide a comparable temporary substitute vehicle to any personentitled to recover the actual cost of hiring a substitute vehicle as setforth in subsection A, and if the trial judge of a court of properjurisdiction subsequently finds that such refusal or failure was not made ingood faith, such company shall be liable to that person in the amount of $500or double the amount of the rental cost he is entitled to recover undersubsection A, whichever amount is greater. If the trial court finds that anaction brought against an insurance company or any self-insured company undersubsection B is frivolous, or not to have been brought in good faith, thecourt may in its discretion require the plaintiff to pay the reasonableattorney's fees, not to exceed $350, incurred by the defendant in defendingthe action. This section shall in no way preclude any party from seeking suchadditional common law remedies as might otherwise be available.
(Code 1950, § 8-646.9; 1975, c. 478; 1977, c. 617; 1979, c. 499; 1986, c.296; 1987, c. 116; 1989, c. 348; 2010, c. 343.)
