2006 Code of Virginia § 8.01-66 - Recovery of damages for loss of use of vehicle

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 of this section, whichever amount is greater. If the trialcourt finds that an action brought against an insurance company or anyself-insured company under subsection B of this section is frivolous, or notto have been brought in good faith, the court may in its discretion requirethe plaintiff to pay the reasonable attorney's fees, not to exceed $200,incurred by the defendant in defending the action. This section shall in noway preclude any party from seeking such additional common law remedies asmight 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.)