Auto Insurance Claims: down time in Texas, Loss of Use during time of repair

Question
I am handling a property damage claim on a semi tractor in Texas. The unit was 27 days in the shop. The owner of the trucking company provided another unit for the driver. He claims to still have a loss of use saying it is state law. I am insisting he document a real loss thru his books and records. Do you think we still owe him a down time or a loss of use claim?

Answer
Ruth,

Thank you for your question.

In most states Loss of use is applicable regardless of how many vehicles one may have...they are entitled to the loss of use for the reasonable period to acquire parts and make repair and the vehicle is removed from use.

There are numerous case laws supporting this and you may find it more beneficial to successfully negotiate a settlement based upon a "reasonable time for repair" as well as a "reasonable cost" to provide a replacement such as renting or short-time lease of another similar unit.

Also, was the driver and substitute truck in transit during the weekends like a interstate trucker... or was it parked during weekends as one would might be as a local delivery driver. This information may be obtained through travel logs and statement of the driver and/or company dispatcher if needed to resolve the claim.

Please understand that this is merely my opinion and it should not be construed as "legal advice". If legal advice is needed, you need to seek and select one who is familiar with issues in your particular state and jurisdiction.

I hope this is of some help.

Barrett