Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Hello and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question. Whether or not the property damage settlement you made now precludes you from making a "loss of use" claim would depend upon the specific wording of the waiver you signed. However, the fact they are willing to offer you anything at all indicates to me they don't believe what they're saying about you having waived your right to such claim. Insurance companies don't pay out money to be nice, so this is most likely just a negotiation tactic to get you to accept something low. Also, for what it's worth, it would be very unusual for the property damage waiver to waive your right to "loss of use" as well, as that is usually delt with separately.As far as deducting the 40% you would have paid your driver, the insurance company is actually correct here. Victims of negligence (as you are here as the owner of the cab which was hit) are entitled only to that compensation which puts them in the position they would have otherwise been in but for the neligent act of the at-fault party. If your cab had never gone out of commission, you would have given up 40% of its revenue to the drivers, and so to provide you with the entire 100% now would be a windfall of that additional 40%, putting you in a better position than you would other wise have been in if the accident never occurred. This is beyond the insurance company's legal obligation, and so they are entitled to deduct.
If it were me, I would argue that the waiver I signed does not expressly preclude my loss of use claim (and force them to cite the specific provision they contend states to the contrary) but be willing to concede the 40%.Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
Thank you for your answer. I have not totally digested what you have written, but one point springs to mind. I have not signed any waver. I only signed over the title of the vehicle to them, nothing else.