Auto Insurance Claims: Work van damages, plumbing company, business loss

Question
QUESTION: Hello,
I own a small plumbing company I was side swiped a few weeks ago and the driver side of my business work van was damaged. It is definitely driveable. I have a van wrap on the van. It will take 3 days to replace the wrap and 2 days to fix the van damage. That van will be out of service for 5 days. I have 2 guys who use that van. Is the insurance company responsible for providing to me the lost wages on that van!? 5 days of lost work? I have no other van to put my workers in. Estimated loss is around $1000 a day. Can i request that the insurance company send me 5k to reimburse me for lost wages?

ANSWER:
Joshua,

Thank you for your question.

Understand that we all have a duty to try and mitigate costs when a loss occurs and do our part to help keep insurance rates down.

With this said; If possible, during the repair of your company's van you should try and rent a van to conduct your business. I understand that A/C contractors carry a great deal of tools and materials and while not your company vehicle, a rental may suffice for the short-term. You may be entitled to compensation for the added efforts in loading and unloading your tools and materials to and from the rental. Just track and document your employee's times.

If you cannot make a rental work than you may have a claim for business loss but I can assure you the insurer will want a great deal of proof of your annual, monthly, weekly and daily income to establish and prove your claim. They will not likely merely accept your "estimate".

If you have another vehicle to use during that time you may still make a claim for the loss of use of your outfitted van by submitting the amount it would cost you to rent a comparable van (in size). You should be entitled to "Loss of Use" regardless if the cost were incurred or not. There is considerable case law in this regard.

If further information or assistance is needed in this regard please feel free to contact us through www.AutoDamageExperts.com.

While I am not an attorney or claims adjuster I cannot provide you legal advice. I can however share my experience and my thoughts on this matter. I hope this helps in some way!

Barrett

---------- FOLLOW-UP ----------

QUESTION: Barrett,
Thank you for your response. This is a very long and drawn out process. I submitted estimates for repairs and rental fee to the insurance company of the guy who hit my van. As I mentioned before, I have a very expensive van wrap on the van. I submitted 3 estimates to the insurance company. 1. cost to remove/replace wrap. 2. Cost to repair dented/scratched area. 3. cost for van rental during time of repairs.
The insurance adjuster, who can only be reached by e-mail, sent  me an e-mail saying that they have sent me a check for the $1500 it would take to repair the van. He included nothing about the cost to replace the wrap and cover the rental van. I have emailed him inquiring about the coverage, but I am assuming they are going to try to NOT cover the remaining $3,000 of the costs. Is it common practice for the insurance company to restore the vehicle back to its original state before the accident? If they decide not to cover my wrap or van rental costs, what are my options?
Thanks,
Josh

Answer
Joshua,

Sorry to hear you're having issues with the insurer.

Understand that I am no longer a licensed adjuster or an attorney and I cannot and do not provide legal advice. What I will provide you is my personal opinion based upon my knowledge and experience in such matters.

Actually; the insurer doesn't owe you any thing...they didn't cause your damage, their policy holder or insured did and they, as the at-fault party is the one who owes for ALL DAMAGES THAT FLOW FROM THE LOSS necessary to restore you to your pre-loss condition(including the wrap and loss of use#....you would also be entitled to loss in value #aka Diminished Value).

The at-fault party owes you for your damages and under the terms of their insurance policy, the insurer owes to protect them from your claim. If the insurer doesn't protect them their insurer may be in breach of their contract. Because of this, you may need seek recovery from the at-fault party and let them seek recovery from their insurer through whatever means becomes necessary including a lawsuit for "Breach Of Contract".

If the at-fault party doesn't step up, then you can either pay it yourself and seek recompense from the at-fault party or… go through your own insurance coverage and let them subrogate to recover.

I would not conduct communications with the insurer in person or over the phone…I would ask that all communications remain in writing only as to avoid any miscommunications or misunderstandings, This will make your claim proceed much quicker and more efficiently without having anything you say misinterpreted and possibly used against you later. I would send pertinent correspondence by Certified Mail, Return Receipt Requested.

I hope this helps. If I can assist further let me know by contacting my e-mail at: Barrett@AutoDamageExperts.com

Barrett