{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-66.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-66.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-66.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-66.html"}],"law_id":76159,"edition_id":1,"section_id":76159,"structure_id":14002,"section_number":"8.01-66","catch_line":"Recovery of damages for loss of use of vehicle","history":"Code 1950, \u00a7 8-646.9; 1975, c. 478; 1977, c. 617; 1979, c. 499; 1986, c. 296; 1987, c. 116; 1989, c. 348; 2010, c. 343.","full_text":"A\n\nWhenever any person is entitled to recover for damage to or destruction of a motor vehicle, he shall, in addition to any other damages to which he may be legally entitled, be entitled to recover the reasonable cost which was actually incurred in hiring a comparable substitute vehicle for the period of time 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 for such repairs to be made or if the original vehicle is a total loss, a reasonable time to purchase a new vehicle. Nothing herein contained shall relieve the claimant of the duty to mitigate damages.B\n\nWhenever any insurance company licensed in this Commonwealth to write insurance as defined in § 38.2-124 or any self-insured company refuses or fails to provide a comparable temporary substitute vehicle to any person entitled to recover the actual cost of hiring a substitute vehicle as set forth in subsection A, and if the trial judge of a court of proper jurisdiction subsequently finds that such refusal or failure was not made in good faith, such company shall be liable to that person in the amount of $500 or double the amount of the rental cost he is entitled to recover under subsection A, whichever amount is greater. If the trial court finds that an action brought against an insurance company or any self-insured company under subsection B is frivolous, or not to have been brought in good faith, the court may in its discretion require the plaintiff to pay the reasonable attorney’s fees, not to exceed $350, incurred by the defendant in defending the action. This section shall in no way preclude any party from seeking such additional common law remedies as might otherwise be available.","order_by":null,"text":{"0":{"id":273479,"text":"Whenever any person is entitled to recover for damage to or destruction of a motor vehicle, he shall, in addition to any other damages to which he may be legally entitled, be entitled to recover the reasonable cost which was actually incurred in hiring a comparable substitute vehicle for the period of time 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 for such repairs to be made or if the original vehicle is a total loss, a reasonable time to purchase a new vehicle. Nothing herein contained shall relieve the claimant of the duty to mitigate damages.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273480,"text":"Whenever any insurance company licensed in this Commonwealth to write insurance as defined in § 38.2-124 or any self-insured company refuses or fails to provide a comparable temporary substitute vehicle to any person entitled to recover the actual cost of hiring a substitute vehicle as set forth in subsection A, and if the trial judge of a court of proper jurisdiction subsequently finds that such refusal or failure was not made in good faith, such company shall be liable to that person in the amount of $500 or double the amount of the rental cost he is entitled to recover under subsection A, whichever amount is greater. If the trial court finds that an action brought against an insurance company or any self-insured company under subsection B is frivolous, or not to have been brought in good faith, the court may in its discretion require the plaintiff to pay the reasonable attorney’s fees, not to exceed $350, incurred by the defendant in defending the action. This section shall in no way preclude any party from seeking such additional common law remedies as might otherwise be available.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14002,"edition_id":1,"name":"Motor Vehicle Accidents","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:46:34","date_modified":"2026-06-26 03:46:34","permalink":{"id":280923,"object_type":"structure","relational_id":14002,"identifier":"7","token":"8.01\/3\/7","url":"\/8.01\/3\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66106,"structure_id":14002,"section_number":"8.01-63","catch_line":"Liability for death or injury to guest in motor vehicle","url":"\/8.01-63\/","token":"8.01\/3\/7\/8.01-63","metadata":false},{"id":60368,"structure_id":14002,"section_number":"8.01-64","catch_line":"Liability for negligence of minor","url":"\/8.01-64\/","token":"8.01\/3\/7\/8.01-64","metadata":false},{"id":74766,"structure_id":14002,"section_number":"8.01-65","catch_line":"Defense of lack of consent of owner","url":"\/8.01-65\/","token":"8.01\/3\/7\/8.01-65","metadata":false},{"id":76159,"structure_id":14002,"section_number":"8.01-66","catch_line":"Recovery of damages for loss of use of vehicle","url":"\/8.01-66\/","token":"8.01\/3\/7\/8.01-66","metadata":false},{"id":62701,"structure_id":14002,"section_number":"8.01-66.1","catch_line":"Remedy for arbitrary refusal of motor vehicle insurance claim","url":"\/8.01-66.1\/","token":"8.01\/3\/7\/8.01-66.1","metadata":false},{"id":55086,"structure_id":14002,"section_number":"8.01-66.1:1","catch_line":"(For January 1, 2016, applicability date, see Editor's note) Subrogation claims by underinsured motorist benefits insurer","url":"\/8.01-66.1_1\/","token":"8.01\/3\/7\/8.01-66.1_1","metadata":false}],"previous_section":{"id":74766,"structure_id":14002,"section_number":"8.01-65","catch_line":"Defense of lack of consent of owner","url":"\/8.01-65\/","token":"8.01\/3\/7\/8.01-65","metadata":false},"next_section":{"id":62701,"structure_id":14002,"section_number":"8.01-66.1","catch_line":"Remedy for arbitrary refusal of motor vehicle insurance claim","url":"\/8.01-66.1\/","token":"8.01\/3\/7\/8.01-66.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-66\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1975, chapter 478; in 1977, chapter 617; in 1979, chapter 499; in 1986, chapter 296; in 1987, chapter 116; in 1989, chapter 348; in 2010, chapter 343<\/a>.<\/p>","references":[{"id":87055,"section_number":"2.2-1838","catch_line":"Insurance of state motor vehicles","order_by":null,"url":"\/2.2-1838\/"}],"refers_to":[{"id":66976,"section_number":"38.2-124","catch_line":"Motor vehicle","order_by":null,"url":"\/38.2-124\/"}],"permalink":{"id":280937,"object_type":"law","relational_id":76159,"identifier":"8.01-66","token":"8.01\/3\/7\/8.01-66","url":"\/8.01-66\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-66\/","token":"8.01\/3\/7\/8.01-66","dublin_core":{"Title":"Recovery of damages for loss of use of vehicle","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-66","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever any person<\/span> is entitled to recover for damage to or destruction of a motor vehicle, he shall, in addition to any other damages<\/span> to which he may be legally entitled, be entitled to recover the reasonable cost which was actually incurred in hiring a comparable substitute vehicle for the period of time during which such person<\/span> is deprived of the use of his motor vehicle. However, such rental period shall not exceed a reasonable period of time for such repairs to be made or if the original vehicle is a total loss, a reasonable time to purchase a new vehicle. Nothing herein contained shall relieve the claimant of the duty to mitigate damages<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Whenever any insurance company licensed in this Commonwealth to write insurance as defined in § 38.2-124<\/a> or any self-insured company refuses or fails to provide a comparable temporary substitute vehicle to any person<\/span> entitled to recover the actual cost of hiring a substitute vehicle as set forth in subsection A, and if the trial<\/span> judge<\/span> of a court<\/span> of proper jurisdiction<\/span> subsequently finds that such refusal or failure was not made in good faith, such company shall be liable to that person<\/span> in the amount of $500 or double the amount of the rental cost he is entitled to recover under subsection A, whichever amount is greater. If the trial<\/span> court<\/span> finds that an action<\/span> brought against an insurance company or any self-insured company under subsection B is frivolous, or not to have been brought in good faith, the court<\/span> may in its discretion require the plaintiff<\/span> to pay the reasonable attorney’s fees, not to exceed $350, incurred by the defendant<\/span> in defending the action<\/span>. This section shall in no way preclude any party<\/span> from seeking such additional common law<\/span> remedies as might otherwise be available. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECOVERY OF DAMAGES FOR LOSS OF USE OF VEHICLE (\u00a7 8.01-66)\n\nA. Whenever any person is entitled to recover for damage to or destruction of a\nmotor vehicle, he shall, in addition to any other damages to which he may be\nlegally entitled, be entitled to recover the reasonable cost which was actually\nincurred in hiring a comparable substitute vehicle for the period of time during\nwhich such person is deprived of the use of his motor vehicle. However, such\nrental period shall not exceed a reasonable period of time for such repairs to\nbe made or if the original vehicle is a total loss, a reasonable time to\npurchase a new vehicle. Nothing herein contained shall relieve the claimant of\nthe duty to mitigate damages.\n\nB. Whenever any insurance company licensed in this Commonwealth to write\ninsurance as defined in § 38.2-124 or any self-insured company refuses or\nfails to provide a comparable temporary substitute vehicle to any person\nentitled to recover the actual cost of hiring a substitute vehicle as set forth\nin subsection A, and if the trial judge of a court of proper jurisdiction\nsubsequently finds that such refusal or failure was not made in good faith, such\ncompany shall be liable to that person in the amount of $500 or double the\namount of the rental cost he is entitled to recover under subsection A,\nwhichever amount is greater. If the trial court finds that an action brought\nagainst an insurance company or any self-insured company under subsection B is\nfrivolous, or not to have been brought in good faith, the court may in its\ndiscretion require the plaintiff to pay the reasonable attorney’s fees,\nnot to exceed $350, incurred by the defendant in defending the action. This\nsection shall in no way preclude any party from seeking such additional common\nlaw remedies as might otherwise be available.\n\nHISTORY: Code 1950, \u00a7 8-646.9; 1975, c. 478; 1977, c. 617; 1979, c. 499; 1986,\nc. 296; 1987, c. 116; 1989, c. 348; 2010, c. 343.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}