Walaby wrote:
Glad everyone was okay.. That's first and foremost.
I think a lawyer consult is wise.
I can't believe how some people imply filing a false claim, or making a false statement is somehow "okay". Im all for being compensated for real loss, but faking injuries etc to use as leverage just leaves a slimey feeling that I hope you are above.
I think you should be compensated for actual loss of use. I also would agree that in many cases, that calculation of loss time generally would reasonably end with the settlement payment. The insurance company has no way of knowing if it will be 30 days, 60 days, or two days for you to buy a new RV and truck.
OP - you don't sound like someone who would make frivolous lawsuits. Hope that's correct. I just find actions like DowntheAvenue is advocating are unethical and immoral. Im sure the next comment will be a way to justify that behavior as a result of the behavior of others, or of unscrupulous lawyers or insurance companies.
Glad you're okay.. Hope all works out for you.
Mike
Thank you, Mike, for your response. I am not one to file a frivolous lawsuit. Given a preference, it would be to not have to take ANY legal action. I simply want the insurance company for the other driver to do the right thing, and make it right. Grasping at straws? Perhaps. But this is where I believe in the power of the law, and in this situation, I believe that the law is on my side. I don't make the rules, I'm simply trying to play by them. Consulting an attorney helps me play by the rules, because right now, I don't know all the rules. An attorney does.
I am in complete agreement that, once a settlement figure is reached, and PAID, then any loss of use ends at that point. I'm not looking for a "golden goose", but my expectation is that, since I have reservations made 6 months ago, I should be compensated for not being able to use those reservations, and recoup expenses involved. The storage lot is a bit more tricky and I completely understand that. The trailer is currently there. Therefore, there's no loss of use. My belief is that the trailer will likely remain there until an insurance company tells me it's a total loss and takes possession of it. Until then, I've paid for the storage, so I will continue to use it.
I've got an appointment set to have my GMC Sierra looked at, to get an estimate on the bumper/hitch repair. The trailer is going to be appraised by a specialty company, and I'm just waiting for them to reach out to me to set a date/time to look at the damage.