Car accident -- insurance deductible and rental car costs

I was in a car accident and not at fault. The person whose fault it was did not have insurance, so I paid my deductible ($500) to repair my car, plus approximately $300 to rent a car while mine was fixed (my insurance did not cover a rental car). Can I claim my deductible and rental car costs? Thanks so much!
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    A personal casualty loss is deductible if you itemize deductions. The measure of a casualty loss is the fair market value before the casualty, less the fair market value after, less any insurance proceeds. The cost of repairing damaged property is not part of a casualty loss. Neither is the cost of cleaning up after a casualty. But you can use the cost of cleaning up or of making repairs after a casualty as a measure of the decrease in FMV if you meet all the following conditions.

    * The repairs are actually made.
    * The repairs are necessary to bring the property back to its condition before the casualty.
    * The amount spent for repairs is not excessive.
    * The repairs take care of the damage only.
    * The value of the property after the repairs is not, due to the repairs, more than the value of the property before the casualty.

    If deductible, the loss must first be reduced by $100, and any remainder is deductible to the extent it exceeds 10% of your adjusted gross income. As an example, if your AGI is $50,000 and the personal portion of the loss is $12,000, then the deductible portion in 2010 is $ 6,900 ( $12,000 - $100 - $5,000).

    (From the IRS definition in Tax Topic 515:  "A casualty loss can result from the damage, destruction or loss of your property from any sudden, unexpected, or unusual event such as a flood, hurricane, tornado, fire, earthquake or even volcanic eruption. A casualty does not include normal wear and tear or progressive deterioration.  A theft is the taking and removing of money or property with the intent to deprive the owner of it. The taking must be illegal under the law of the state where it occurred and it must have been done with criminal intent. ")

    Tax topic 515 has more information and links regarding casualty losses, and can be found here: http://www.irs.gov/taxtopics/tc515.html

    As rental car costs are not a part of decline in fair market value they are, like other incidental costs, not deductible.
    • Turbo Tax Deluxe does not give me a place to deduct the car accident deductible. :(
      It should be in the Casualty section.
    • You don't necessarily deduct the deductible.  Rather you enter the fair market value before and after the casualty. less any insurance proceeds.  It's likely the same thing, but it's the formula in the statute.
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