Hastings, NE asked in Insurance Bad Faith, Car Accidents and Insurance Defense for Nebraska

Q: With commercial auto insurance (both parties commercial vehicles) is loss of use covered?

Garbage man hit my equipment trailer that I use daily. I had no choice but to rent one and it’s been over a year and at faults insurance still has paid out a dime. It took them 8 mo to deem a total loss and now only wants to pay for 14 days of rental fees and no loss of use. I’ve spent nearly $20,000 leasing similar trailer before cutting my losses and replacing myself. They have stalled in every way starting with not inspecting damage until over a month later. Each week that went by my rental fees grew and I either had to close my business because I couldn’t operate without trailer or forced to rent smaller on requiring multiple trips for loads and out of pocket rental fees. Are they liable for all the fees because it’s commercial property?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A Nebraska attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the terms of the policy. Vehicle property damages are generally limited to parts/labor for repairs or market value for geographic region, with rental for a limited and reasonable time. One option is to review the file with a Nebraska attorney to determine the best course of action, looking at issues such as your own efforts to mitigate damages, as well as reasons for the delay in inspecting the trailer. Keep in mind that in property damage-only cases, law firms might not necessarily take them on a contingency basis. Good luck

Tim Akpinar

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