Anyone get loss of use while truck in the shop?

Stringb8n · Jul 26, 2025 at 10:29 PM

Ridgeline said: ↑

We have had to deal with this on one truck, it was parked at the end of the row and was hit hard enough to move the front axle and bending one shackle and pushing it into the truck next to it, damaging that truck.

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.
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@Ridgeline I hope that you are compensated for the losses accordingly. I wouldn't settle for their nonsense either, if I were you. Ironically $500 a day is what I suggested to the other guys insurance, they then claimed all they could do is up to $300 per day, and only while its actually in the shop being worked on, not just sitting there at the shop waiting to be taken into the bay. I will just sue the other guy after I know how many days the truck is down for when its finally finished and ready to be picked up. It is amazing how they think they can just "offer" whatever and the injured party either takes it or leaves it. They have to be pretty stupid, I would think, to think that their insured won't be sued, or that they (insurance) wont be providing their insured with legal representation to fight the impending lawsuit.

Ridgeline · Jul 27, 2025 at 6:53 AM

Stringb8n said: ↑

@Ridgeline I hope that you are compensated for the losses accordingly. I wouldn't settle for their nonsense either, if I were you. Ironically $500 a day is what I suggested to the other guys insurance, they then claimed all they could do is up to $300 per day, and only while its actually in the shop being worked on, not just sitting there at the shop waiting to be taken into the bay. I will just sue the other guy after I know how many days the truck is down for when its finally finished and ready to be picked up. It is amazing how they think they can just "offer" whatever and the injured party either takes it or leaves it. They have to be pretty stupid, I would think, to think that their insured won't be sued, or that they (insurance) wont be providing their insured with legal representation to fight the impending lawsuit.
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Thanks, we will get compensated for the costs of the downtime. This isn't the first accident we've gone after the truck owners in the past for their crap drivers. Last time, there was a settlement, and it wasn't small.

One reason why owners need to seek out and engage a good lawyer is because of the insurance companies. There is no way $500 a day is justified, and I had offers as low as $100 a day, which caused me to walk out of the room.

Most of the time, the insurance company takes the position that they dictate what is acceptable, but they know if they go to court, they will most likely lose, and we have been right on the edge of court a few times. One of the things my lawyer does is bombard them with requests of records for everything and do it in such a way that it ties them up, they hate that. When we have gone to court, a lot more information is presented and it causes them to panic and just settle.

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