QuestionI was involved in an accident that totaled my car and bent the frame of the trailer I was towing. My insurance took car of me in regards to my car, but did not cover my trailer. So the at fault party's insurance (Farmers) was handling my trailer.
The accident happened on 09-13-09 and the trailer was not inspected and cleared to be repaired by Farmers until 10-27-09 (44 days later). The trailer was then repaired by 10-30-09 (47 days later).
Would I be entitled to loss of use time from time of the accident (09-13-09) to repair date (10-30-09)? A local rental agency rents this similar trailer for about $100 a week..
The utility trailer is a 4 x 8 with a tilt bed. Value about $500.00.
Here is the long winded story,
I first heard from a Farmers claims adjuster on 09-21-09 and I advised him that my trailer was damaged due to the accident. He said they are still investigating the accident and would get back to me. On 10-07-09, I was transferred to a new claims adjuster and he opened a claim. He said within 48 hours I was would be hearing from someone to inspect the trailer. No one called. I contacted the adjuster and left a phone message on 10-12-09 to find out what was going on. On the 10-13-09 he called back and said he was sorry and he would be personally handling it. He said I should get a call tomorrow. Again, no call was made to me. So I called the adjuster back as well as his supervisor and left messages on 10-15-09 and 10-16-09 advising them both that it has been 9 days and I still have not heard from anyone to inspect my trailer. The supervisor called back 2 hours later. He said their office doesn't handle trailers and it was now being transferred to another adjuster. So on the 10-19-09 another adjuster called. He said I should get a call from another a local adjuster to inspect it on 10-27-09 and to locate a business to repair the trailer.
On 10-20-09 I found a place that said they would look at it. The repair facility gave a verbal estimate of $200-$300 to fix it without seeing it.
On 10-27-09 a local adjuster finally made it to inspect the trailer (This makes 5 adjusters that have been assigned to deal with my trailer). He said to go ahead and have it fixed. I told him I was out of town and would not be able to deal with it for at least a week and he should take care of it. On 10-28-09 a local tow company picked up the trailer and transported to the repair facility.
So the trailer was fixed finally on 10-30-09 (47 days later). I picked it up and paid the bill ($60.00) as was agreed. I called the local adjuster and he said to fax the bill and he would pay it as soon as possible. I told him I lost the use of this trailer for 47 days how was Farmers going to settle this. He said that they would not pay for this time. He said that I had the opportunity to mitigate my losses and have the trailer fixed sooner. I told him I did by having a tow company place the trailer on private property after the accident so no storage fees would be accruing. The adjuster then finished with I can’t pay anything without a bill.
What am I due?
AnswerHello Don,
Didn't have time to read all your "long winded story" (forums are not good for too much detail), but here is my opinion. They owe you what the rental cost would be up to the value of the trailer. However if the delay in investigation was due to negligence (just dragging their feet) on their part, then you might be entitled to rental cost beyond the value of the trailer. If they refuse to pay more, sue in small claims court.
