Expert: Richard Hixenbaugh - 4/24/2009

Question
Our mini-van was totaled by an insured driver who ran a red light.  He got the ticket and went to court where he plead guilty for failure to observe a traffic device.  His insurance company made us a very low offer for our van which all agree is a total loss.  We objected to their low offer which we determined was only 60% of the value of the van.  Regarding their offer they told us "take it or leave it".  We declined their offer and sued the owner of the car that hit us.  The judge agreed completely with us and awarded a judgement to us for 100% of the van's value.  My wife and I believe that the initial offer was a "bad faith" offer.  It took us 4 months to receive justice through the court system.  Our question:  Are we entitled to loss of use compensation for $15 per day from the time they made the initial "bad faith" offer to the day that we received our judgement?

Answer
Hi Dave,

First let me say CONGRATULATIONS!!!

It's great to hear when a consumer stands up for themselves and wins against the giant insurance company.

On the surface, I would agree with you that you are owed for the loss of use. However, they will not willingly pay you. About the only chance you would have would be to again file suit against their insured. You likely should have asked for that as part of the original law suit. I'm not sure how successfull you would be considering the prior suit. You may want to speak with an attorney to see what the chances would be.

I hope this helps
Richard Hixenbaugh