Anyone get loss of use while truck in the shop?

Thank you all for the replies. Unfortunately, I did end up going through my own insurance. I didn't have downtime on my policy apparently, but that is okay. I will be suing the at fault driver, who I believe leases his truck from his carrier for my deductible, loss of use/revenue, etc. His insurance initially offered a lousy $250 a day for what the adjuster claimed to be what they would pay for a rental. So, I said, well in that case, you can get me a rental right? No reply. So, I emailed the adjuster again proposing $500 per full day that the truck is at the shop. I mean, I didn't think it was an unreasonable proposition. But she replied saying she can't do that, but could do $300. I then just replied I would go through my own insurance, who will subrogate them, and I will take action necessary in the state where the incident occurred. Either way, there is nobody getting a rental truck for $300 a day.

The adjuster even had the nerve to "advise" to keep running the truck until parts are ordered, etc. Claiming that I must mitigate my damages. While I agree as to mitigation, the estimate says the wheel, the tire, the headlight all need replaced and there's some apparent alignment issue. Obviously, I can't just drive the truck like that. The price for the tire alone is almost $1,000.00 according to the estimate. I was going to try to get some of that stuff removed for them, but piss on them. They can ultimately pay it all when they get subrogated, and then some. One email this adjuster sent to me no doubt by mistake stated "looks like his attitude is changing". My attitude has nothing to do with their obligations. Period. I will use that to show bad faith on their part.

As far as attorney, my brother is an attorney. Granted he isn't licensed where this incident occurred, but he does live, eat, breathe and defecate insurance law. I am pretty good at writing my own petitions and such. Have only had two matters that went "full course" to either court or arbitration. 99% of the time, I get a settlement out of it.

 

Holy cow, Opus. Loves screwed up your truck that bad it was $12,000? TA was pretty reasonable when I had an issue with them. Repairs were done quickly and they provided what I asked for in loss of use/revenue without question pretty quickly as well. Since the at fault driver is a lease purchase driver, suing his carrier isn't going to get me anywhere. But, I am sure he will end up settling quick. If not, his insurance will have a lawyer they have to provide him to defend the lawsuit, if I have to file it. I will just send a letter demanding my deductible be paid back plus the loss of use/revenue while the truck is at the shop. It was a backing incident. There is no viable defenses he will have at all. Since this occurred in Missouri, long as the claim is under $5,000.00 there won't even be discovery. It will just be a matter of filing in small claims, presenting the evidence and proof and the judge deciding the claim. I don't believe there's a thing I could have done to prevent the accident from occurring. I was in the sleeper, properly, safely and legally parked.

 

As far as the hood, @Long FLD I didn't think it could be done with these hoods, but Freightliner is just replacing the fender that was hit. I guess it is a 3 piece hood they can glue the snot out of.

 

That is terrible man that they wouldn't reimburse the original shop bill, the bill they charged you for repairs they clearly did improperly. You were definitely more than fair and reasonable with them at $250 a day. How long ago was that? Is there still time for you to attempt recovering that portion, their bill for their shotty work? I guess if you signed a settlement agreement relating to the matter it may be too late either way to attempt to recover the cost of the "repair" that Loves performed, if there was a settlement agreement. How in the world does one even leave a tool in there? Like he didn't realize soon as you left and he couldn't have called?