Expert: Richard Hixenbaugh - 8/3/2010

Question
We were involved in an auto accident where the driver of the other car came across 2 lanes of traffic and t-boned our boat and trailer just in front of the first axle (it is a tandem axle trailer). He was found at fault by the police. He only has liability insurance. His insurance is getting together estimates and we are getting our doctor and towing bills etc. into the insurance as well. My question, Are we entitled to Loss of Use of our boat because it will be approximately 2 - 3 months before we get it back and this is what we do for our recreation and entertainment this time of year. In fact, this is the prime fishing time on the Texas coast. By the time we get it back, fishing season will virtually be over! We pay a good size storage fee and insurance on this boat to keep her available for fishing. We had a vacation planned in Aug. that we are having to cancel. So, even though he just has liability coverage, aren't we entitled to some compensation for loss of use? If we had to charter a boat or go on a party boat to fish it would cost us roughly $400.00 per day. We go at least once a weekend and several small mini-vacations during this time of year. Thank you for your assistance! Pam

Answer
Hi Pam,

The other drivers liability coverage will pay for all expenses that the driver is legally responsible for. I would say that you should be entitled to some loss of use for your boat. You should make the argumnent and see what they say. If they say they will not pay, unfortunately, the only thing you can do is file suit against the at fault driver. Then if a judge says he owes you for loss of use then the insurance company will have to pay you.

I hope this helps
Richard Hixenbaugh