1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Property insurance liability Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by Cwalt, Sep 10, 2014.

Thread Status:
Not open for further replies.
  1. Cwalt

    Cwalt Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    A lawnmower @ Dolese threw a large rock into our truck and put a 12" deep dent in it. They want to pay for damage only. We use our truck for income to haul with they don't want to pay lost wages or mileage. They said they would pay for a rental. The rental is 139$ a day plus tax plus I have to raise my ins limit in order to drive their rental truck plus pay .21cents a mile over 100 miles. We drive 1000+ miles a day. The ins company claims they don't have to pay for anything else except the damage repair and the 278$ for the rental.
    The total I am asking for is less than 2500$ should I take them to court? What do they have to pay legally?
     
  2. army judge

    army judge Super Moderator

    Messages:
    32,637
    Likes Received:
    5,018
    Trophy Points:
    113

    I can't say if you should do anything.
    I can tell you, a bird in the hand is worth two in the bush.
    If you go to small claims, there is no guarantee you'll ever get a dime, even if you prevail.
    If you prevail, you then have to collect on your judgment.
    The court route could take 10-12 weeks before you are heard.
    Then another 30-60 days to chase the squirrel and pull his tail.
    If you're lucky, you might have your judgment in your hands by February of 2015.

    Compare that risky result to the offer on your table.
    Your judgment might not end up being what you think you should get anyway.
    If I had a sure thing, I'd take it.

    But, you';re free to do whatever you choose to do.
    Good luck.
     
  3. Cwalt

    Cwalt Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    How do I find out what insurance companies are suppose to cover by law?
     
  4. Cwalt

    Cwalt Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    I want to file against them in small claims but not sure where to find laws on this so I can have my case in order.
     
  5. disagreeable

    disagreeable Well-Known Member

    Messages:
    2,739
    Likes Received:
    223
    Trophy Points:
    63
    Since your truck is going to be scrap in less than a year with that kind of mileage, you should take the money and not fix it.
     
  6. mightymoose

    mightymoose Moderator

    Messages:
    11,337
    Likes Received:
    1,953
    Trophy Points:
    113

    Your insurance policy will tell you exactly what the insurance company is responsible to pay. I highly doubt it covers lost wages.
    Their offer to repair the damage sounds right on track with every insurance company I've ever dealt with. I suspect if you try small claims as described you will not succeed.
     
  7. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    I doubt it would be worth your time & trouble to take them to small claims court & you very well might not win.
     
  8. Cwalt

    Cwalt Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Liability ins

    Actually I didn't put year or mileage on any of my posts so you don't know what you're talking about. My truck is a 2011 F250 super duty crew cab 4x4 with 45,000 miles so keep your opinions to yourself because you do not know law. And it's the company's business liability insurance that has to pay. Here in OKLAHOMA they have to pay for any and ALL losses up to their ins limit. Which business general liability is min 750,000$ in Oklahoma.
     
  9. disagreeable

    disagreeable Well-Known Member

    Messages:
    2,739
    Likes Received:
    223
    Trophy Points:
    63
    If you put 1000 miles a day on the truck in one year assuming you take holidays and Sunday off you will have added about 300,000 miles to the truck. Are you saying you are a liar and misrepresented the situation to attempt to inflate your losses? If it is a 2011, you must have bought it at end of second model year as it only has 45 days use on it according to your numbers. We do not appreciate liars trying to inflate their damages nor will the insurance company. Further, as the company has donated much of its stock to universities I do not see them getting too excited about your claim.


     
    Last edited: Sep 11, 2014
  10. mightymoose

    mightymoose Moderator

    Messages:
    11,337
    Likes Received:
    1,953
    Trophy Points:
    113

    1000 per day seems awfully high. I bet it is a typo.... supposed to be 100.
     
  11. disagreeable

    disagreeable Well-Known Member

    Messages:
    2,739
    Likes Received:
    223
    Trophy Points:
    63
    If it is 100 then there should be little trouble keeping it under the mileage. That said, the law does not require them to get you a pickup truck, only a replacement vehicle. Usually these are subcompacts.
     

Share This Page

Thread Status:
Not open for further replies.