Expert: Richard Hixenbaugh - 10/19/2010

Question
QUESTION: Hi!
Commercial trailer got into accident due to the fault of the other .

1. Repair shop is telling them it takes 5 days to complete, and telling me two weeks.

2. Adjuster offered to pay half of the loss of use because we didn't rent a replacement trailer, and she asked us to either accept what she offered or we have to provide a prove of rental receipt.

Questions:

1. Should we wait to ask of the loss of use when repair is completed?

2. My own agent is telling me under the California law we are entitled to the loss of use whether we rent a unit or not, is she correct on this?

Thank You!!!!

ANSWER: Hi Eugene,

You are entitled to loss of use for the cost of renting a comparable trailer. However, the insurance adjuster is attempting to negotiate with you. You may be entitled to more, but you may have to file suit and go to court in order to collect it. Since you did not actually rent a replacement trailer, you may want to accept the daily amount they are offering but demand that they pay for the number of days it actually takes for the repairs. Get the shop and te adjuster on the phone on a 3 way call and get everyone in agreement as to how many days it will require. This may be the best way to negotiate a reasonable settlement.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Thank you so much for answering my question.

The reason I did not rent a replacement trailer is that we do have a spare trailer sitting in the yard (but it's older, so I use it only as back-up for whenever one of my other trailers needs repair). In this case, am I entitled to the entire loss of use? I do agree on the prevailing rate they offered, but they are only offering 20 days when it's actually 40+ days.

Thanks again!

Answer
Hi Eugene,

Yes. They owe for the entire time it took to repair the trailer. You may need to get the shop that did the repairs to provide you with a written timeline to show when you brought it in, when they ordered parts, when the parts came in, etv=c, etc. That is the only way you can prove that days are more then they are offering.

I hope this helps
Richard Hixenbaugh