A. 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.
§ 8.01-66.Recovery of damages for loss of use of vehicle.
Chapter 3. Actions · Article 7. Motor Vehicle Accidents · Last amended 2010 · Last verified July 16, 2026
In one sentenceSection 8.01-66 lets a person entitled to recover for damage to or destruction of a motor vehicle also recover the reasonable cost of a substitute vehicle for a reasonable repair or replacement period, and imposes double-or-$500 statutory damages plus possible attorney’s fees on an insurer that refuses in bad faith to provide one.
Full Text of § 8.01-66
B. 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.
Plain-English Summary
Section 8.01-66 fills a gap left by ordinary vehicle-damage recoveries: it lets a person entitled to recover for damage to or destruction of a motor vehicle also recover the reasonable cost incurred in hiring a comparable substitute vehicle for the time the person is deprived of the use of the original one. That rental period is capped at a reasonable time to complete repairs or, if the vehicle is a total loss, a reasonable time to buy a replacement, and the claimant still has to mitigate damages rather than let rental costs run unchecked.
Subsection B backs this right with a penalty aimed at insurers. If a Virginia-licensed insurer, or a self-insured company, refuses or fails to provide a comparable temporary substitute vehicle to someone entitled to recover the rental cost under subsection A, and a trial judge later finds that refusal was not made in good faith, the company owes that person $500 or double the rental cost otherwise recoverable, whichever amount is greater. The statute cuts both ways: if the court finds the claimant’s action under subsection B frivolous or not brought in good faith, it may require the claimant to pay the defendant’s reasonable attorney’s fees, capped at $350. The section leaves any other common-law remedy available to the parties untouched.
Frequently Asked Questions
Can I recover the cost of a rental car while my damaged vehicle is being fixed in Virginia?
Yes. Section 8.01-66 lets a person entitled to recover for vehicle damage or destruction also recover the reasonable cost incurred in hiring a comparable substitute vehicle, for a period limited to a reasonable time to complete repairs or buy a replacement.
Do I still have to try to limit my rental costs?
Yes. The statute is explicit that it does not relieve the claimant of the duty to mitigate damages, even while the right to a substitute vehicle is being recognized.
What happens if my insurer refuses to provide a rental car in bad faith?
If a court finds the refusal was not made in good faith, the insurer or self-insured company owes the claimant $500 or double the recoverable rental cost, whichever is greater, under subsection B.
Can an insurer recover its own attorney’s fees from a claimant?
Yes, in a limited situation. If the court finds the claimant’s bad-faith rental claim under subsection B was frivolous or not brought in good faith, the court may make the claimant pay the insurer’s reasonable attorney’s fees, up to $350.
Does this section replace other remedies I might have against an insurer?
No. The statute specifically preserves any additional common-law remedies otherwise available, so pursuing a claim under this section does not cut off other avenues of recovery.
Amendment History
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.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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