Auto Insurance Claims: loss of use for self employed, carpet cleaning company, phone insurance


Question
I was rear ended by a van. (they got the ticket)  I own a carpet cleaning company and have 1 truck. (the truck in the accident.)  It was totalled.  It's not like you can go out and rent a truck mounted carpet cleaning truck so I have been out of work for 1 month. The insurance company finally made me an offer for loss of use equating to my net income from my sub chapter s tax return. They stated that that was my actual loss.  However, even though I have not worked in 30 days, my fixed bills from my business (phone, insurance, rent etc) keep rolling in and have to be paid.  I told them I would accept gross sales less cost of goods sold (gas and supplies) but they said no.  Then I gave them the following example;

If a guy owns a car rental company and has 1 car that rents for $350 per month and has a car payment on that car of $350 per month, then his net income would be $0 and according to this insurance company, he would get nothing.  However, if he got nothing, he would go from breaking even for the month to losing $350 per month because is he lacking sales to offset the payment.

Am I right in not accepting this deal.

Answer
Hi Todd,

You are absolutely correct. They are simply trying to rob you. If possible, you should demand a face to face meeting with a claims manager. If that is not possible, a phone conference with a manager may do. You should prepare a written statemenet before thae call outlining all of your math to discuss. Make them understand that if they do not do the right thing that you will file suit against their insured. Then if they do not do the right thing file suite.

I hope this helps
Richard Hixenbaugh