Auto Insurance Claims: Loss of Use/Rental Fees/Total Loss Commercial, Loss of Use in Texas

Question
I have a friend that is a taxi driver in Texas.  His car was hit and he thought he could get it fixed.  Then he found out it was a total loss.  He was in a loaner cab (not a regular rental car) for quite some time and had to pay for the loaner cab on a daily basis.  Now he is being told that the insurance company won't pay for any of that expense.  This is a commercial vehicle, a taxi.  The rental was also a taxi.  What can he do?

Answer
Yvonne,

  There is a great article on the subject by Gary Wickert (http://www.mwl-law.com/recovering-loss-use-damages-texas-time-change/).

  Since your friend has a commercial loss, the article by Wickert won't completely apply, but it is a great start to understanding the issue in Texas.  Your friend mitigated his damages by paying for a loaner cab, otherwise he would have lost earning capacity / revenue, and may still have lost some revenue / earning capacity.  

  I think your friend is going to have a hard time without professional help.  If I were him, I would be preparing for a lawsuit against the negligent party.  It is going to be difficult to recover loss of use on a total loss because the case law is still not caught up with the times.  I'm sorry I couldn't offer any better suggestion on how to get justice served. Also, I am not an attorney and there may well be some case law regarding commercial claims that I am not aware of.  Your question is a great one for which I don't have a great answer.  If your friend needs assistance, he can always search me out on the internet or call my office directly to discuss the matter for free.  Information is always free at Petty Details, LLC!  Sorry I couldn't provide a perfect answer for you.  Your friend surely has options, but which ones totally depends on the whole facts.