I was hit head on by a 4 wheeler In October 2024
I was down for 9 weeks, the other insurance company just accepted blame in May and I got my deductible back as I was out that for the claim for my own insurance company
we are still fighting about down time but I had to get a lawyer involved any way because the driver of the other vehicle “stole” her sisters car and did not have a license, so she was not supposed to be driving, but the other vehicle was insured so it didn’t “qualify” for my uninsured umbrella… and some how, that wound up being my issue…
Anyone get loss of use while truck in the shop?
Discussion in 'Ask An Owner Operator' started by Stringb8n, Jul 24, 2025 at 7:13 AM.
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Find a body shop that offers a loaner hood. Swap yours out and keep running while they repair it.
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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. -
hope not dumb twucker and Siinman Thank this.
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Dude left one of his tools in the axle or hub or whatever.
Got about 80 miles down the road and the axle seized.
Called a tow for tractor and trailer (2).
Towed to freightliner and they repaired.
I told them I needed the tow bill, repair, and daily pay....(I was cool with them and only asked for like $250 a day).
They were pretty cool and reimbursed all BUT the original shop bill.....WTF???
That's why the truck was broke in the first place.
But, whatever. I took my money and moved on.Siinman, hope not dumb twucker, Stringb8n and 1 other person Thank this. -
Last edited: Jul 25, 2025 at 11:32 PM
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If it got the wheel then I’m sure it all took a shock and you will need a box/cross tubes etc and pull the steeeing shaft to check U joints, I wouldn’t drive it
there’s a couple smaller places by where I load that are still $150-200 a day, but it’s not Penske etc.Siinman Thanks this. -
The idiot driver accused my driver that he was illegally parked but the T/S said Nope! he was legally parked. We think he was drunk, but the cops refused to do their job when they were called.
The truck is just getting ready to get out of the shop after a month of downtime. It should have been a write-off off but the insurance company insisted that it would be repaired.
We are going after the carrier for the loss of gross revenue from the truck. Taking in account that the truck was setup to haul specialized freight and this driver worked his butt off for three to four months then take a month to 6 weeks off. It worked out the average gross revenue was >$2k a day, using the past quarter before the accident, which is what my lawyer said is the minumal of what we need. This doesn't include the $11k that we want to recover for rescuing the load with the other truck that is setup for the load. They wanted to give us $500 a day for 26 days and nothing else. So it matters what the truck would make using past history.Siinman and hope not dumb twucker Thank this.
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