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Help with truck condition estimate

Discussion in 'Questions To Truckers From The General Public' started by maroonsky, Aug 21, 2010.

  1. Aug 21, 2010 #1
    maroonsky

    maroonsky Bobtail Member

    2
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    Aug 21, 2010
    0
    Hello. I am an attorney and my client, a truck driver, is being sued by another truck driver. My client's truck hit the latter's truck, but per my understanding the damages were not extensive. Our insurance company paid for the repairs, but the other side claims that as a result of the accident their truck became inoperable and therefore they are entitled to the loss of use damages. From what I've seen on the photos the damages to the truck were not so vast: my client's truck hit the other truck's left side right behind the driver door. If it helps, the repair estimate provided by the other side called for the replacement of the middle fairing, fairing's upper mounting rail, and fairing support bracket. I need some help with understanding the nature of damages before taking any serious steps, so I will appreciate any help.
    The question I have is that whether such damages make a truck inoperable. Can you guys please help me?
     
    maroonsky, Aug 21, 2010
    maroonsky, Aug 21, 2010
    #1
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  3. Aug 21, 2010 #2
    fireman5606

    fireman5606 Bobtail Member

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    Jan 24, 2010
    Shelby ,NC
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    Pictures would be very helpful.... but fairings will not make a truck "inoperable", if the fairings were all that were damaged. For proof just ride through a truck stop or rest area and look at the fairings on the trucks there. Most of the "big company" trucks will have fairings that look like they have been ran over by a train and bolted back on. They are probably seeking money for the down time for the repairs.....

    Also wouldnt it be more reliable to have a mechanic statement for court purposes than to have a bunch of "opinions" from a internet board??
     
    fireman5606, Aug 21, 2010
    fireman5606, Aug 21, 2010
    #2
  4. Aug 21, 2010 #3
    stranger

    stranger Road Train Member

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    Oct 10, 2006
    NC
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    Any time the truck is not rolling, whether it's for an estimate, repairs, paint, or anything associated with the repair, the truck is inoperable. The repair estimate only covers the repair, not all of the other time associated with the repair. The best I remember, I was paid for 30 days down time when my hood was taken off at a dock. It takes time to get all the parts ordered and in stock, then wait in line to get repaired.
     
    stranger, Aug 21, 2010
    stranger, Aug 21, 2010
    #3
  5. Aug 21, 2010 #4
    Hardlyevr

    Hardlyevr Road Train Member

    3,270
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    Jul 30, 2009
    Mapleton Depot,PA
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    When I was hit, the damaging company paid for my rental unit while mine was in the shop.
     
    Hardlyevr, Aug 21, 2010
    Hardlyevr, Aug 21, 2010
    #4
  7. Aug 21, 2010 #5
    maroonsky

    maroonsky Bobtail Member

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    Aug 21, 2010
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    @fireman5606,

    Thank you very much! Also, the reason why I don't have a mechanic statement is that right now we at the early negotiation stage, and that's why I wanted to get the general idea about the character of the damages.
     
    maroonsky, Aug 21, 2010
    maroonsky, Aug 21, 2010
    #5
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