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I own a transportation company. One of my drivers was

involved in an at fault...
I own a transportation company. One of my drivers was involved in an at fault accident on the 6th. He was taken to the hospital where he spent 2 days. The vehicle was towed and spent 4 days in storage. One the day after the accident I tried to contact our insurance company to file a claim. The insurance company was hacked by ransom-ware the day of the accident. I was unable to get through to them because their phone lines were down. After the fourth day I took the vehicle from the storage lot. 8 days have passed and the insurance company is still unable to conduct business or accept claims. I was told to try again late afternoon on Monday but they still have no ETA as to when they will be back to business as usual. As a direct result of this I can not get back to business as usual. I asked the insurance company if we could just have the vehicle repaired and once they are back up and running forward them the bill because everyday my vehicle is down I am losing money. The driver is also complaining to me and threatening to sue me because he was injured and because we dont have another vehicle for him to return to work in.My questions are:
1. since we have no control over the insurance company's computer problems can we fix our own car and just give them the bill BEFORE they have an adjuster look at the vehicle?2. If I cant afford to fix the vehicle will the insurance company be liable for all the days that we lost business because the vehicle was down?3. Will the insurance company be liable for the storage fees as well for the 4 days the vehicle was in storage or can they say that we should have had the vehicle removed from storage the next day and any storage fees are our responsibility?4. Will the insurance company pay for the hospital bills of our drier even though he was at fault?5. Can we deduct the amount of our deductible from the drivers paycheck since he was at fault?6. Is there a time limit that the insurance company can not take our claim? It has already been 9 days and sources are saying that the insurance company may not be back to business as usual for at least another week. That would be over 16 days for us. Can we still file a claim after waiting that long?
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Answered in 3 hours by:
1/14/2018
Irwin Law
Irwin Law, Attorney
Category: Personal Injury Law
Satisfied Customers: 7,505
Experience: Partnered in a personal injury law firm for approximately 30 years.
Verified

This is a highly unusual situation. Have you spoken with the Maryland Department of Insurance about it? are they aware tthat this company ceased operations. I'm sure that you're not the only person who has been affected. All answer the questions that you asked specifically:

1. since we have no control over the insurance company's computer problems can we fix our own car and just give them the bill BEFORE they have an adjuster look at the vehicle?

General contract law requires you to mitigate (lessen) your damages, so the answer is yes. Be sure to take good photographs and have a reputable mechanic right up the estimate for you.

2. If I cant afford to fix the vehicle will the insurance company be liable for all the days that we lost business because the vehicle was down?

No. That kind of damages are generally considered speculative. That is, unable to be specifically established. I suggest that you have an attorney review your situation. You may be able to include some loss of use, but unless such things are specifically covered in the policy you will not be able to do so.

3. Will the insurance company be liable for the storage fees as well for the 4 days the vehicle was in storage or can they say that we should have had the vehicle removed from storage the next day and any storage fees are our responsibility?

This type of damage might arise in a claim for breach of contract against the insurance company. That is highly technical, and might require arbitration under the terms of the policy. This is something that your attorney will have to advise you money in more detail.

4. Will the insurance company pay for the hospital bills of our drier even though he was at fault?

The drivers fault would not have any bearing on the payment of his medical bills if that is specifically covered under the medical payments portion of your policy.

5. Can we deduct the amount of our deductible from the drivers paycheck since he was at fault?

Not unless you have a employment contract with the drivers that permits you to do so.

6. Is there a time limit that the insurance company can not take our claim? It has already been 9 days and sources are saying that the insurance company may not be back to business as usual for at least another week. That would be over 16 days for us. Can we still file a claim after waiting that long?

There is no fixed or statutory time requirement for dealing with insurance claims.

Frankly, I'm a little suspicious about the "computer" excuse, and I suggest a call to thhe Maryland Department of Insurance to find out more about what is going on with this company.

I hope that I have provided excellent service and, if so, would appreciate a 5 star rating. (Scroll to the top of this reply to locate the rating buttons.) If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks for using JUST ANSWER.

14 Jan 2018, 2:54 AM

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Irwin Law
Irwin Law, Attorney
Category: Personal Injury Law
Satisfied Customers: 7,505
Experience: Partnered in a personal injury law firm for approximately 30 years.
Verified
Irwin Law and 87 other Personal Injury Law Specialists are ready to help you
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Customer reply replied 1 month ago
I never thought about the Maryland Department of Insurance !!! Thank you so much for your detailed answers and all your help.

Thanks for the accept. I'm curious, what company is this?

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Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Personal Injury Law
Satisfied Customers: 7,505
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Experience: Partnered in a personal injury law firm for approximately 30 years.

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