In
S & M, LLC d/b/a Huntsville Cab Co. v. Burchel, [Ms. 2110242, Jun. 8, 2012], __ So. 3d __(Ala. Civ. App. 2012), the Alabama
Court of Civil Appeals held that a plaintiff cannot recover for both the
total loss of a vehicle and damages for the loss of use of that vehicle,
even when that vehicle is a commercial one. If a damaged vehicle is repairable
and the owner is deprived of its use during the repairs, only then can
the owner recover for loss of use of the vehicle during the period of
time it is being repaired.
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