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Unique commercial claim… HELP!

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souparmon

Junior Member
What is the name of your state (only U.S. law)? MA

Hi all, this looks like a great community here. Hopefully someone could give me some advice on my situation. Here are the details as follows:

1. I was in an accident where the other party was found at fault and cited (ran a stop sign).. They were driving a commercial vehicle for a delivery company.

2. I was driving my company vehicle, which is one of two vehicles that create my business. We do snow plowing and snow removal for condominium complexes. The vehicle involved in the accident was rendered useless for 3 of the 4 months that we perform snow related services. This vehicle was the main vehicle (largest/strongest).

Here is where things get confusing. In my business, we don’t sell ‘snowplowing’ we sell ‘billable hours’. However, my contract price is predetermined by how much snow falls (example: if we get 5” of snow the client pays $2500, 10” costs $5500 etc.). These prices are determined by knowing how much snow each vehicle can service.

3. I filed a claim for loss of income against the other parties insurance company. I stated, “Without the use of the vehicle hit by your insured, my company was forced to fulfill our contracts using only one vehicle. This resulted in the doubling of the forecasted hours to service our contracts.”

4. This amount equates to around $20k. At first the insurance adjuster (not familiar with my industry) implied that I did in fact get paid in full for my contract price and my claim is not substantiated. Although this is true, I gave him this example:

“You currently work 40 hours per week. Your salary is $50k per year. Today your boss decided that you would now work 80 hours per week and still make $50k per year…… Did you loose money?”

They do not believe my claim is valid because most scenarios would be solved by tax documents. This situation cannot be supported by my income, as explained in the above example. They offered me $2500 to settle, which I find insulting. What can I do? Any advice?

Any help is greatly appreciated!What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
You can't put a number on the loss because you did not lose any money or business. You lost TIME which you can't claim the same as losing money. I would suggest you consult with a lawyer for advice on what you can reasonably expect to receive in a lawsuit for this, since it is an unusual situation, before you accept OR decline their offer.
 

souparmon

Junior Member
Thanks ecmst12. I was very surprised that their offer was so insignificant. My intuition says that they are trying to test me knowing that getting a factual number proven will be very difficult. At the same time, I feel like they are taking advantage of the situation….
 

racer72

Senior Member
You also have an obligation to mitigate your potential losses too. This could mean renting another vehicle to replace the damaged vehicle. Instead of the 20K you claim, it may only cost a few thousand to rent a replacement and you can fulfill your obligations.

I own a small limo company and have run into the same situation a couple of times due to the negligence of others. In both cases, I was able to rent a replacement limo to fulfill the reservations instead of trying to get an insurance company to pay for the loss of income. The insurance companies involved had no problem paying for the rentals.
 

JustAPal00

Senior Member
You also have an obligation to mitigate your potential losses too. This could mean renting another vehicle to replace the damaged vehicle. Instead of the 20K you claim, it may only cost a few thousand to rent a replacement and you can fulfill your obligations.

I own a small limo company and have run into the same situation a couple of times due to the negligence of others. In both cases, I was able to rent a replacement limo to fulfill the reservations instead of trying to get an insurance company to pay for the loss of income. The insurance companies involved had no problem paying for the rentals.
I agree. I drive my car for a living, if I were in a wreck, I couldn't sit home and expect the insurance company to pay my lost wages. OP, you should have rented a replacement vehicle immediatly to continue your business and then billed them for the rental!
 

ecmst12

Senior Member
Well, he DID continue his business with the vehicle he had and did not lose any customers or money because of it - he just had to work twice as many hours to get the jobs done. He wasn't just sitting around. But he's not going to get what he's asking for either, that's just not reasonable.
 

ciremoto

Junior Member
Your options

You have two options: a small claims court or formal court. For small claims court I recommend reading NOLO's guide to Smalls claims court. The problem with small claims court is that you can only sue for a certain amount of money depending on where you live and where it is being filed. You need to check your states statutes of limitations. If the money you want is more than small claims courts allow you must go to formal court. In small claims court you do not need an attorney. Some states do not even allow attorneys in small claims court. Formal court requires an attorney. If you go to small claims court and it's not going in your favor you can ask the judge to dismiss the case without prejudice so that you can appeal to formal court. The fees for small claims court is typically $40 which the other party will pay if you win your case. You really need to read NOLO's guide to small claims court. It will help you decide if formal court is what you want. Then you can look for an attorney. Good luck.
 

ecmst12

Senior Member
This is not a small claims court issue, and the filing fees are not $40 everywhere. Did you specifically research OP's state before posting? Are you just here to advertise for nolo?
 

Mass_Shyster

Senior Member
“Without the use of the vehicle hit by your insured, my company was forced to fulfill our contracts using only one vehicle. This resulted in the doubling of the forecasted hours to service our contracts.”

This amount equates to around $20k.
How did you arrive at $20K?

When it snows, it takes 10 hours to clear the snow. With only one truck it takes 20 hours. Scenario 1 has each truck billing 10 hours, the second has one truck billing 20 hours. Either way, you're billing 20 hours total.

The only difference I can see is if you have to pay the driver of the single truck overtime because s/he has to drive longer.
 

Zigner

Senior Member, Non-Attorney
This is not a small claims court issue, and the filing fees are not $40 everywhere. Did you specifically research OP's state before posting? Are you just here to advertise for nolo?
NOLO is a reputable company. I find it difficult to believe they send this guy out on forums to post spam.

I don't know what his angle is, but I really doubt NOLO is behind the spam...
 

ecmst12

Senior Member
Well I'm going to color him a moron either way, since he's posting the exact same "advice" in every thread regardless of how appropriate it is to the situation.
 

souparmon

Junior Member
Lots of good advice here and I appreciate all the responses. To answer some of the questions;

Rental: Although the adjuster and myself explored this option, vehicles equipped with snowplows and sanders are NOT available for rent. The liability and wear/tear on the vehicle are excessive. I carry $2.5M insurance per vehicle. There are long-term leases and very large trucks available (like 10 wheeler size), but not a comparable replacement.

How did I loose money? To an extent, I need to reevaluate some of my numbers but I’m not off by much. The key factor is what I originally stated here:

This vehicle was the main vehicle (largest/strongest).

So what may have taken two trucks 10 hours, it took the smaller one alone 20 hours.
 

ecmst12

Senior Member
You are still not going to get hour-for-hour compensation as if you actually lost that income. But it's enough money to get a professional opinion.
 

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