Auto Insurance Claims: Loss of Use Automobile Claim, small claims court, certified mail

Question
My husband was in an accident on 3/10/08, he is a owner operator and a car hit his tractor-trailer which the insurance company has accepted the claim and issued a check for physical damage.  However this truck is the only means of earning an income.  My husband was not hurt in the accident, therefore the only thing we are wanting to cover is loss of use for revenue the truck would have made if it was running.  The issurance company is refusing to pay.  Is this a claim I can pursue in small claims court.  I live in Texas.  I have been told that no lawyer will accept due to there was not any personal injury.  Thanks

Answer
Hi Jackie,

Since this is a vehicle used for your husband to earn a living, he is entitled to be paid for his loss of earnings. He will have to show in writing that he had been offered work and had to turn it down due to the vehicle being inoperable. He will not be entitled to the total gross earnings because from that he would have had to pay for gas, meals, etc. So you should try to calculate the net earnings after normal expenses. You should send your documentation along with a formal demand for payment letter by certified mail. If they still refuse to pay, then you can sue the at-fault driver in court. The amount you sue for will determine is it could be small claims court or if you have to go to state court. You can call the clerk of the court to find out what the small claims limit is.

I hope this helps
Richard Hixenbaugh