Asked in Car Accidents for Arkansas

Q: 1)Laws on loss of use? (53days WITHOUT) / (PAID for 3days)? 2) Non- OE parts put on my truck without permission?

53day from date my Truck was Towed to the shop till I got back. The reason it took so long was Insurance sent check to wrong state & company. They didn't let me know I sent them around 15 emails with no response. I lost out on a job. Stuff was shut off and I even had to walk to town one day for food I lived 5 miles down dirt road.

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

A: An Arkansas attorney could advise best, but your question remains open for a week. In terms of loss of use, damages to offset the unavailability the vehicle in PD claims are usually limited to rental cars as an industry practice nationwide. And depending on the carrier, even that can be tightly controlled with coordinating rental cut-off with the completion of repairs. It looks like you suffered damages that could be considered incidental, consequential, etc. It could be difficult to pursue such damages in general on PD claims, but you could reach out to local attorneys to see if you could arrange a brief consult to get their take on the file, given your diligence in pursuing the matter with steady communications. In terms of the OEM, a local attorney would need to advise there. Non-OEM parts are generally permissible nationwide, but disclosure guidelines could differ on a state-by-state basis. Good luck

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