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.

  1. Stringb8n

    Stringb8n Road Train Member

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    I was recently hit by another driver. I was in my sleeper asleep and was awakened to another driver hitting my truck with his trailer while he attempted to back beside me. This broke the headlight lense on the driver side, busted the fiberglass of the fender, and his trailer pretty much cut through the fiberglass side from the edge of the headlight all the way to the wheel well, along with causing damage to the driver side mirror.

    I don't want to name what company or anything like that just in case I end up having to sue somebody related to this incident.

    Has anyone been paid by insurance or the at-fault company for loss of use when this has occurred?
     
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  3. Banker

    Banker Road Train Member

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    I was sideswiped several years ago and I had video evidence of the incident. Initially the at fault parties insurance blamed me so I hung up and I filed the claim with my insurance company. Nearly 6 months later after my insurance company did subrogation (fancy word for insurance company getting guilty party to accept responsibility and pay up) I contacted the at fault parties insurance again. I asked him if he was accepting responsibility for my loss of use and he said yes. I sent him all the documents I could find relating to what my rig actually earned each week and was paid for the 3 weeks it was in the shop. A few weeks later I received a check for exactly the amount I was asking for.
    I really doubt the insurance company of the trucking company that hit you will talk nice with you until your insurance company gets them to accept responsibility. That’s why filing the repair claim with your insurance initially may be easier. I spoke with an attorney and they told me that I would not need an attorney if I did it as I have stated.
     
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  4. Stringb8n

    Stringb8n Road Train Member

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    Well, you may be right. I already called my insurance when this occurred, which it happened at about 12:20 a.m. The driver that did hit me thankfully did not take off, called his company told them what happened, told them it was his fault (it's a backing incident, so not much to investigate, I don't believe), and provided all his documentation for me to take pictures of. I did the same. When I called the next day they already had a claim open and provided the claim number. Told me they needed estimates, so I took the truck to the shop yesterday and still waiting on the shop to provide the estimate. I am sure it probably needs a new hood, unless they can replace just the driver side fender on a 2024 Cascadia hood, and new LED headlight assembly. I was going to buy a new headlight assembly, but ended up just taping up what was there with some clear tape. What his company does not know most likely, is that their guy didn't hit the truck just once, he hit it 3 times. But the most damage came from the first hit.

    I don't expect them to pay $1,000 a day or anything like that. I'd be happy with $500 a day probably. I am not looking to get rich from it at all, just reasonably compensated for the loss of use.
     
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  5. Banker

    Banker Road Train Member

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    His insurance company treated you much better than the insurance of the vehicle that hit me did initially. He backed up before the still pictures were taken but the video showed him running a red light. IMG_1105.png IMG_1104.png IMG_1103.png
     
  6. Banker

    Banker Road Train Member

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    I can’t rent a carhauler so I was out of work while the truck was down. I expected to be paid exactly what I would have netted if I were working. No more and no less.
     
  7. Stringb8n

    Stringb8n Road Train Member

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    I am sorry that happened to you, @Banker . I hope they did pay you what you expected. I had an issue once where a TA screwed my truck up (old truck) and ended up being down 3 days while they paid for those parts and repairs. I asked for $500 a day and they didn't even bat an eye or ask for any proof of income or anything. I guess $500 is so reasonable they didn't want to risk it coming out to more if I looked harder? Anyway, they just took my account info and direct deposited it to my checking account. Super easy.
     
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  8. Banker

    Banker Road Train Member

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    Yes I received what I was due and I learned a lot after speaking to an attorney. He said I shouldn’t take it personal being treated bad by his insurance company as they were doing their job to protect their assets. He said that generally you will have a better experience if you file the claim with your insurance. In the case of loss of use, once they accepted responsibility it was the law they paid loss of use. Every state may not be the same as mine, I don’t know.
     
  9. Stringb8n

    Stringb8n Road Train Member

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    Thank you for this info. I will see what they end up doing after I get the estimate and all. I haven't spoken to the adjuster yet for their insurance but I do have the name and contact info for the adjuster. The thing is, this occurred in Missouri and I live in Texas. I will probably end up consulting an attorney though if it doesn't go well.
     
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  10. Opus

    Opus Road Train Member

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    Honestly, before I got an attorney involved, I'd simply draft an invoice that included my down time.
    I did it twice. Once against Old Dominion and once against Love's (shop). Both paid up fairly quickly. But in both cases I was reasonable my claim for down time and was able to prove the damage claim.
    With Love's it was $12k plus
     
  11. Siinman

    Siinman Road Train Member

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    Just file with your Insurance. They will hire an attorney if you need one to help recover the cost. It will be the fastest and easiest way to make it happen. You will have to pay the deductible if the other insurance fights it at first but will be refunded when settled.
     
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