Auto Insurance Claims: Tax deduction, tax question


Question
I rented a car on a recent trip. I ran over something in the road and it damaged the rental cars oil pan. My car insurance paid for the damage of the rental car but the Rental agency charged me for their "Loss of Use" of the vehicle while it was getting repaired. My insurance would not pay for this. It was $1000. Can I deduct this? I am using a tax program which is asking for the cost basis and the Fair Market Value before and after the accident. Since I didn't own this car what can I put in these blanks?
Thanks

Answer
Gayle,

  That payment would be considered a property and casualty claim payment.  I cannot offer tax advice, you'd have to inquire with a qualified tax professional, I am truly sorry.  Your liability insurance normally will cover cases like that, but it may be that you have an exclusion for contractual liability.  The rental contract says you have to pay loss of use, so if your insurance company didn't exclude contractual liability, then they would owe for the $1000.00 as part of your liability coverage.  

   Anyway, as far as the tax question, I can't offer any advice there.

JP