Downtime Recommendation

Topic 10323 | Page 1

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Jeff L.'s Comment
member avatar

I was involved in a hit and run recently. I was able to get the trailer # of the company and a witness. The company is self insured but chose to use an outside insurance co. It was 3 weeks from the time I got hit until getting back into my truck. I stayed in hotel and ate out during the first week while I waited for the decision to move forward on the repairs which was estimated to take a couple of weeks. To save on costs I rented a car (from KY) and drove home out West for the 2 weeks. When I returned ( a day before repairs were completed and payment authorized ) The paint job (the hood, fenders and bumper) looked pretty good though because the truck is a 2008, there was a distinctive difference in the orig color of the rest of the truck. The insurance company basically wanted to get me back on the road to reduce the downtime they acknowledged they would have to pay. We could discuss the paint afterwards.

Now the insurance company initially offered me $150.00 per day (they are calling it loss of use). The offer was for the time it took to complete the repairs which did not include the actual time I was without a truck (so the offer was for $1500.00) I was out of a truck for 22 days . I told the adjuster that was unacceptable at which he asked me to provide my own offer. I wanted to chime in here to get some opinion on what id an acceptable offer. I am an O/O leased on to a company that is primarily expediting. His offer of $150.00 barely covers a driver wage let alone O/O and did not cover expenses of eating out and a hotel.

Please give me your thoughts and any references you might have. I don't want to hire an attorney if it isn't necessary.

Thanks,

Jeff

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Auggie69's Comment
member avatar

I was involved in a hit and run recently. I was able to get the trailer # of the company and a witness. The company is self insured but chose to use an outside insurance co. It was 3 weeks from the time I got hit until getting back into my truck. I stayed in hotel and ate out during the first week while I waited for the decision to move forward on the repairs which was estimated to take a couple of weeks. To save on costs I rented a car (from KY) and drove home out West for the 2 weeks. When I returned ( a day before repairs were completed and payment authorized ) The paint job (the hood, fenders and bumper) looked pretty good though because the truck is a 2008, there was a distinctive difference in the orig color of the rest of the truck. The insurance company basically wanted to get me back on the road to reduce the downtime they acknowledged they would have to pay. We could discuss the paint afterwards.

Now the insurance company initially offered me $150.00 per day (they are calling it loss of use). The offer was for the time it took to complete the repairs which did not include the actual time I was without a truck (so the offer was for $1500.00) I was out of a truck for 22 days . I told the adjuster that was unacceptable at which he asked me to provide my own offer. I wanted to chime in here to get some opinion on what id an acceptable offer. I am an O/O leased on to a company that is primarily expediting. His offer of $150.00 barely covers a driver wage let alone O/O and did not cover expenses of eating out and a hotel.

Please give me your thoughts and any references you might have. I don't want to hire an attorney if it isn't necessary.

Thanks,

Jeff

What is acceptable are your lost wages for 22 days and any expenses you incurred out of pocket over and above any expenses you normally would have incurred during that time frame.

And I would NOT accept a paint job that didn't match. They will never make it right after you accept it. Get an appraisal from another paint shop on what it would cost to make the paint right and include that in your settlement offer.

Just remember; this is NOT your insurance company. They will nickel and dime you and stall to make you go away. Be firm and tell them for every day they delay the amount they owe you goes up.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Auggie69's Comment
member avatar

I was involved in a hit and run recently. I was able to get the trailer # of the company and a witness. The company is self insured but chose to use an outside insurance co. It was 3 weeks from the time I got hit until getting back into my truck. I stayed in hotel and ate out during the first week while I waited for the decision to move forward on the repairs which was estimated to take a couple of weeks. To save on costs I rented a car (from KY) and drove home out West for the 2 weeks. When I returned ( a day before repairs were completed and payment authorized ) The paint job (the hood, fenders and bumper) looked pretty good though because the truck is a 2008, there was a distinctive difference in the orig color of the rest of the truck. The insurance company basically wanted to get me back on the road to reduce the downtime they acknowledged they would have to pay. We could discuss the paint afterwards.

Now the insurance company initially offered me $150.00 per day (they are calling it loss of use). The offer was for the time it took to complete the repairs which did not include the actual time I was without a truck (so the offer was for $1500.00) I was out of a truck for 22 days . I told the adjuster that was unacceptable at which he asked me to provide my own offer. I wanted to chime in here to get some opinion on what id an acceptable offer. I am an O/O leased on to a company that is primarily expediting. His offer of $150.00 barely covers a driver wage let alone O/O and did not cover expenses of eating out and a hotel.

Please give me your thoughts and any references you might have. I don't want to hire an attorney if it isn't necessary.

Thanks,

Jeff

Also nail them for "diminshed value". Your truck has been wrecked. When you trade it in or sell it, it will be worth less money now than it would be if it had not been wrecked. That difference is owed to you by the insurance company.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Robert B. (The Dragon) ye's Comment
member avatar

As a long time paint and body man, the excuse of not being able to match the paint is bogus, unless the truck is heavily oxidized and hasn't been maintained. If they get a slight variance, you blend into the adjacent panel so there isn't a visible difference in color. You'll never match a paint perfectly due to too many variables but the number one rule is that you don't do what's referred to as panel painting, hence the reason for blending.

Jeff L.'s Comment
member avatar

Thanks for the info Especially the diminished value I hadn't thought of that. Wages as a driver will be different then an O/O. That's the part I am not sure of as far as fair compensation.

Auggie69's Comment
member avatar

Thanks for the info Especially the diminished value I hadn't thought of that. Wages as a driver will be different then an O/O. That's the part I am not sure of as far as fair compensation.

It doesn't matter. The fair compensation is what you would have earned during that timeframe as on o/o. Whether you can show a 22 day period that you've run on that route, or what other truckers earn on that route over a similar timeframe that are also o/o.

DON'T BE FAIR!! Be real.

Shoot for the moon and then haggle from there. They have to decide on whether or not your offer is outrageous enough to go to court over. If it's even close to the ballpark they'll settle.

I'm not saying "lie", I'm saying to use figures that totally favor you but are not out of the realm of possibility. Use your BEST ESTIMATES!!

Pitmaster's Comment
member avatar

Get yourself one of those vicious accident lawyers and set them loose.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Brett Aquila's Comment
member avatar

Get yourself one of those vicious accident lawyers and set them loose.

I would agree with that. I would strongly consider an attorney. The insurance companies are going to run you in circles forever with this and trick you into accepting less than you should if at all possible. Once an attorney contacts them their approach will change entirely.

I think you'll lose far more money handling this yourself then you would pay an attorney to represent you. Every business owner should have an attorney anyways.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

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