Totaled car, no rental the whole time — can I claim loss of use even though I'm too young to rent?

I went through almost the exact same thing last year — total loss, no rental, waiting forever for the check. I ended up claiming loss of use and the adjuster paid it without much pushback. I honestly think the fact that THEY offered to set you up with a rental in the first place actually helps your case. It shows they acknowledged you needed one. Don't let them use your age against you when they're the ones who dropped the ball on getting you into a car.

Loss of use is a legitimate claim in most states and it doesn't necessarily require that you could have personally rented a vehicle. The theory is that you lost the use of your car through no fault of your own — whether or not you could afford or qualify for a rental is kind of beside the point. The standard measure is usually the going daily rental rate for a comparable vehicle. I'd suggest looking up what a compact or midsize would actually cost per day in your area on a rental site, screenshot it, and use that as your anchor number in the email. Keep the email short and factual — days without a vehicle, daily rate, total amount requested.

Be really careful here. Adjusters who say 'just email me a number' are sometimes hoping you'll lowball yourself or write something they can use to close the file fast. Don't be in a rush. Look up actual rental rates, document every rideshare receipt you have, and don't let them pressure you into settling this part quickly just because you already settled the vehicle value.

Honestly, from the inside, loss of use claims on total losses are pretty routine. The age thing is a common adjuster talking point — they mention it hoping you'll back off. But the claim is about the loss of your property's use, not about whether you personally could rent. If anything, the fact that they had already arranged a rental for you is an admission that alternative transportation was owed. I'd keep your email polite but firm, cite the number of days and a reasonable daily rate, and ask for a specific dollar amount. Don't just say 'whatever is fair' — give them a number.

Not about the legal stuff, but if the stress of all this is affecting your sleep or mental health, that's worth noting too. Three weeks of scrambling for rides while dealing with insurance back-and-forth is genuinely exhausting. Take care of yourself through this process.

Not legal advice, but loss of use damages are generally compensable regardless of whether the claimant could have actually obtained a rental. Your age limiting your rental options doesn't extinguish the underlying loss. If the adjuster pushes back hard or tries to offer something token, it may be worth at least a free consult with a PI attorney — many handle these conversations for no charge and it might give you leverage.

Write the email today. Be direct: 'I was without a vehicle for X days. The standard rental rate for a comparable vehicle in my area is $Y/day. I am requesting $Z for loss of use.' Attach screenshots of rental rates from a major car rental site. Don't overthink it and don't apologize for asking. You're owed this.

Ugh, this sounds so stressful. Three weeks without a car and you're still having to fight for every little thing even after they admitted fault? I hope you get this resolved soon. You deserve to be made whole, not just partially compensated and left to figure out the rest yourself.