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Auto Insurance Claims/Loss of Use/Rental Fees/Total Loss Commercial


I have a friend that is a taxi driver in Texas.  His car was hit and he thought he could get it fixed.  Then he found out it was a total loss.  He was in a loaner cab (not a regular rental car) for quite some time and had to pay for the loaner cab on a daily basis.  Now he is being told that the insurance company won't pay for any of that expense.  This is a commercial vehicle, a taxi.  The rental was also a taxi.  What can he do?


  There is a great article on the subject by Gary Wickert (

  Since your friend has a commercial loss, the article by Wickert won't completely apply, but it is a great start to understanding the issue in Texas.  Your friend mitigated his damages by paying for a loaner cab, otherwise he would have lost earning capacity / revenue, and may still have lost some revenue / earning capacity.  

  I think your friend is going to have a hard time without professional help.  If I were him, I would be preparing for a lawsuit against the negligent party.  It is going to be difficult to recover loss of use on a total loss because the case law is still not caught up with the times.  I'm sorry I couldn't offer any better suggestion on how to get justice served. Also, I am not an attorney and there may well be some case law regarding commercial claims that I am not aware of.  Your question is a great one for which I don't have a great answer.  If your friend needs assistance, he can always search me out on the internet or call my office directly to discuss the matter for free.  Information is always free at Petty Details, LLC!  Sorry I couldn't provide a perfect answer for you.  Your friend surely has options, but which ones totally depends on the whole facts.  

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Justin Petty


Challenge me! I promise that I will provide you with the most honest answer I can muster, and I will base it on nearly 20 years of complex claims experience. My strength is shooting it straight and seeing through BS. I do not bluff and I can tell when somebody is. I've handled claims in almost every State in the U.S. and adjusted claims and consulted attorneys and CEO's on recovery and special claims tactics for over a decade. I am the founder and President of Petty Details, LLC. We provide the highest quality claim services to insurance companies, attorneys and individuals all exactly in the same way, by paying attention to the details and doing the right thing.


Nearly 20 years of combined claim company management, litigation, all lines adjusting, claim auditing, damage assessment, subrogation, small claims, tort recovery, collection, skip-tracing, tactical investigations, and contribution claim recovery experience across the United States of America.

NASP (National Association of Subrogation Professionals) (Auto Insurance Expert) Diminished Value Appraisers Group (LinkedIn)

10 years experience in writing and developing technical claims correspondence for litigation and unique scenarios at insurance companies and as a consultant to attorneys assisting with legal briefs and research. 42 published articles relating to auto insurance and claims. Self Published e-books entitled "How Much is My Injury Worth" and "Diminished Value - How Do I Get Paid?".

School of hard knocks, 3 years college, NO DEGREE, years of real world experience running a claims service company and adjusting claims for carriers. Speaks English and Spanish, Limited Portuguese & Italian.

Awards and Honors
Platinum Author ( All Lines Adjuster (TX, 1998 - 2008) TX Public Adjuster (2009 - 2011)

Past/Present Clients
State Farm Insurance, Endeavor GA, MileMeter Ins., American Recreational Markets, Gainsco Ins. Co., Safeway Ins., Home State County Mutual Insurance, Old American County Mutual Insurance, FCCI, Farm Bureau, Liberty Mutual, and Pronto General Agency, LTD just to name a few! On top of insurance companies and attorneys, I have personally helped thousands of accident victims with the difficult and stressful process of navigating their claim to a successful resolution.

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