A plaintiff whose non-income earning chattel is damaged by a tortfeasor's negligence is entitled to recover the cost of a replacement vehicle even where a third party (such as the plaintiff's insurer) has gratuitously provided the replacement. The gratuitous provision is res inter alios acta. The entitlement derives from the established common law principle that loss of use of a chattel is compensable, not from the Griffiths v Kerkemeyer principle. An insurer providing benefits outside the insurance policy (such as a courtesy car programme) is not entitled to subrogation in respect of those benefits.
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