Expert: Claims Guy - 4/16/2010

Question
Our parked work van was hit by a drunk driver and it rolled over onto our office lawn. My husband and I own a small property management company and he is the maintenance person. The van carries all of our equipment. The driver's insurance claimed liability and totaled the van. They offered $4600 for the
2002 E250 Ford Econoline. I am sending additional fair market value comps for the adjuster to review. Also, since the van was turned over, all the tools and my equipment were tossed in the van. Many keys have been lost and our business is managing rental properties. We have lost keys to the apartments and laundry. How do we get compensated for the lost keys to the
rental units and the tools? We had to go and purchase tools to  try to continue to work on our business. Also, we have lost wages and income. In addition, our office image has deteriorated with the skid marks and debris. Is there any way to go after
the driver for our business problems or should we continue to negotiate with the insurance company? We are also in Maryland.



Thank you.

Answer
No point in going after the driver directly unless you can't get compensation from the insurance company.  The insurance company is responsible for all liability of the driver as a result of this accident.

You can go to the insurer for most of this.

vehicle - they owe the amount you could have sold it for before the accident.  This is hard to prove.  Blue Book, Red Book, and NADA online are good sources.  So are classifieds but keep in mind that vehicles rarely sell for asking price.  A used car dealer can give you a good estimate.

lost keys - they owe to replace these.

equipment - they owe the actual cash value of replacing or repairing the damaged tools.

lost wages - they would only owe this is you lost actual income as  result of the loss and it was unavoidable.  If you could have rented a vehicle and equipment rather than losing the income, this is not unavoidable.  You have a duty under the law to mitigate your damages.  They would owe the rental costs for a reasonable period of time though.

Image - this will be hard to prove.  If you can somehow establish it, they would owe it.  Basically they owe you anything that a court would award you if you sued the driver.

If you cannot get satisfaction from the insurer or your losses exceed his coverage limits, then your option would be to sue the driver.  the insurer will defend him in the lawsuit up to his policy limit.