N.C.P.I.—Motor Vehicle 106.67

The (state number) issue reads:

"What amount is the plaintiff entitled to recover for loss of use of

his (describe vehicle)?"

The plaintiff's actual property damages may also include

compensation for the loss of use of his vehicle. (Here give the applicable

alternative statement (give only one):)

[Repairs possible at reasonable cost in reasonable time. When a

vehicle, damaged by the negligence of another, can be repaired at a

reasonable cost and within a reasonable time, the owner may recover for

the loss of its use. The measure of such damages is the cost of renting a

similar vehicle during a reasonable period for repairs (whether or not the

owner actually rented such a similar vehicle).2]

[Repairs possible at reasonable cost in reasonable time. (Use if

plaintiff is a lease holder.)3 When a vehicle, damaged by the negligence

of another, can be repaired at a reasonable cost and within a reasonable

time, the lease holder may recover for the loss of its use. The measure

of such damages is the cost of renting a similar vehicle during a

reasonable period for repairs (whether or not the lease holder actually

rented such a similar vehicle).]

[Total destruction or repairs improvident. When a vehicle, by the

negligence of another, is totally destroyed as a conveyance (or if for

some reason repairs would be so long delayed as to be improvident), the

owner may recover for loss of use only if a substitute vehicle is not

immediately obtainable. If a substitute is not immediately obtainable,

the owner may recover for loss of use during the period reasonably

necessary to acquire a substitute. The measure of such damages is the

cost of renting a similar vehicle during such period (whether or not the

owner actually rented such a similar vehicle).4]

[Owner elects to replace repairable vehicle. When a vehicle,

damaged by the negligence of another, can be repaired at a reasonable

cost and within a reasonable time, but the owner elects to replace it by

acquiring a substitute vehicle, the owner may recover for loss of use

during the time reasonably required to make repairs or to acquire the

substitute, whichever is shorter. The measure of such damages is the

cost of renting a similar vehicle during such period].5

NOTE WELL: When the evidence satisfies the

conditions described in Amerson v. Willis, 109 N.C.

App. 297, 299, 426 S.E.2d 428, 429 (1993) (citing

Roberts v. Pilot Freight Carriers, Inc., 273 N.C. 600,

607, 160 S.E.2d 712, 718 (1968)), the appropriate

measure of the plaintiff’s actual property damage may

include damages for lost profits rather than for loss of

use.

If so justified by the evidence, one of the applicable

alternative statements should be given first and the

following paragraph should be read second.

(In such a situation, if the owner proves that he made a reasonable

effort to obtain a substitute vehicle but was unable to do so within the

area reasonably related to his business, and further proves with

reasonable certainty the profits he lost through inability to use the

vehicle, then he may recover, in place of the cost of rental, such profits

lost during a reasonable period within which to [make repairs] [obtain a

substitute not immediately obtainable].)