Loss-of-use compensation.

[The Pirate]

Hello,

Our 2014 Airstream Sport 22 was rear-ended while we were towing it and stopped at a red light. Arrrrrgh! The police were called. The driver that hit us was at fault and ticketed. Our Airstream trailer was in the shop for 113 days, almost four months, getting repairs. We are dealing directly with the driver's insurance company.

Has anyone had experience with loss of use of personal property? His insurance company paid for the repairs, but that's it. They don't seem to think they owe us anything for loss of use. The going rate to rent an Airstream sport 22 is $185 per day at RentAnAirstream.com. At 113 days, that would be a large amount.

Thanks

[Ganado]

If it is your only domicile you might old claim loss of use but not if you have another place to live.

Negotiating tip.... don't sign off on anything until you have everything you think our are owed. Insurance companies will try to make a deal with you before the end of their fiscal year, as they don't like carry over from prior year

[bobzdar]

If you had trips planned that you missed or realistically would have used it during that time, then you may have some recourse, but unless you lived in it full time no way you'll get 113 days worth (and nor should you).

[The Pirate]

Thanks for the replies. We definitely would have used it more last fall after the accident happened. We had a very beautiful, warm fall here in Colorado. They'll have pay us something for loss of use. It's hard to plan trips when your Airstream is in the shop for the entire fall season and more.

[SteveH]

From my experiences with insurance companies, they would pay for costs incurred because of the time to repair if you had receipts to prove out of pocket expenses. For instance if you actually had rented a trailer to use while yours was being repaired.

Good luck.

[Cardinal283]

I deal with insurance companies on a daily basis but for home related losses such as hail. Insurance companies are in the business of taking premium and avoiding paying claims. Here are some options to consider.

If you feel like you are not getting fair compensation from them you can enlist the services of a Public Adjuster (PA). The insurance co. has an adjuster that works for them and is looking out for their best interest. You can too. Hire a PA. He works for you and in your best interest. He is licensed by the state that he works in and is an expert on policy and case law surrounding your claim. He knows what insurance should pay and what they shouldn't pay for. He has the leverage to get a more fair compensation. I use PA's all the time in my work. Make a deal with the PA to get a fee based on what he recovers not based on the total amount of the claim. It doesn't make sense to pay him a percentage of what you have already recovered.

If the PA fails to recover fair compensation then you have the option of filing suit against the insurance company. Insurance companies don't like this option because if they lose there is no longer a cap on the policy. They will usually settle pretty quickly once you file suit assuming that you are requesting a true fair settlement.

Unless you were a lawyer or adjuster in a past life don't try to deal with it yourself. The insurance company has trained their reps to deny, delay, and avoid paying claims in hopes that you will eventually get frustrated and give up. Which is what happens 80% of the time.

Also consider loss of over all value to the trailer. A trailer that has been in a wreck, even though it was repaired, is worth less than one that has never been wrecked. That's money that you lose when you try to resale your trailer. You are entitled to compensation for all loses related the the actions of their insured.

Obviously laws vary from state to state and it all depends on what type of policy they have. But these are some options to consider.

[The Pirate]

Hello,

Here is what I read about Colorado law:

“Loss-of-use damages may be measured by the reasonable rental value of a substitute vehicle, even in the absence of actual rental” Cress v. Scott, 117 N.M. 3, 868 P.2d 648, 651 (1994).
An owner may recover for the loss of use of personal property for the length of time reasonably required for repair. Airborne, Inc. v. Denver Air Center, Inc., 832 P.2d 1086, 1089 (Colo. App. 1992).
A plaintiff cannot recover for loss of use damages unless he showed whether length of time the vehicle was out of use was necessary and whether repairs were made with reasonable promptness. Hunter v. Quaintance, 69 Colo. 28, 168 P. 918 (1917)
If the owner proves what length of time is reasonable for repair, he need not actually have his property repaired in order to recover loss of use damages. Cope v. Vermeer Sales & Service, 650 P.2d 1307 (Colo. App. 1982).

Also, devalue of vehicle:

Under Colorado law, a plaintiff may assert damages for repair costs and diminution in value. See CJI 6:12(2011); Airborne, Inc. v. Denver, Inc., 832 P.2d 1086 (Colo. App. 1992) (court holding that if damage to property is reparable, the plaintiff is entitled to recover reasonable costs of repair together with any decrease in market value as repaired); Trujillo v. Wilson, 189 P.2d 147 (Colo. 1948) (holding a plaintiff was property awarded damages for an automobile’s diminished value due to an accident). A plaintiff may also assert damages for loss of use of damaged property. See Airborne, Inc., supra.

[Artvez]

So according to the cases you referenced, it sounds like the problem may be with the length of time it took to repair. At 113 days, that's more than 20x as long as it took to build from scratch. I wouldn't be very happy with whoever was doing the repairs. Was it close to being totaled?

[r carl]

Probably better figure out how many days you actually missed out using your camper.

[The Pirate]

Hello,

Unfortunately, unlike auto body repair shops that are everywhere, there is only one certified Airstream repair center in Colorado. It's in Denver. You are on their time frame for repairs. Three large rear panels had to be ordered from the factory. They did not know the full extent of the damage until it was opened up. Then, more parts are ordered. A bent frame is discovered that has to be fixed. Time starts adding up. The repair estimate is well into the thousands. Airstreams are not cheap to fix. 113 days goes by with our Airstream in the shop, and we can't use it the entire fall season.

The Insurance Company should pay for loss of use. And now there is diminished value too since it's been in an accident.

[robert claus]

Insurance companies have a standard answer for everything - no. They hope you'll go away at that point. In our dealings with insurance, be it long term car, life, or damage restitution, we find you have to firmly ask three times to open the magic door. Keep pressing, and invoke your state's Attorney General by name if there is any hint of them not following your state's law.

[Protagonist]

Originally Posted by The Pirate

They don't seem to think they owe us anything for loss of use. The going rate to rent an Airstream sport 22 is $185 per day at RentAnAirstream.com. At 113 days, that would be a large amount.

They DON'T owe you anything for loss of use. Camping is a discretionary activity— unless you're a full-timer and your Airstream is your home, you couldn't claim any hardship for the Airstream being unavailable for use. Certainly not the full 113 days.

In the shop or in storage is all the same— you're not using it— so unless you can show that you DID have an obligation to go camping, and that you DID rent a replacement RV while your was in the shop, I don't think you have any basis for a claim. And then all you COULD claim was the actual rental cost.

[Cardinal283]

Originally Posted by Protagonist

They DON'T owe you anything for loss of use. Camping is a discretionary activity— unless you're a full-timer and your Airstream is your home, you couldn't claim any hardship for the Airstream being unavailable for use. Certainly not the full 113 days. In the shop or in storage is all the same— you're not using it— so unless you can show that you DID have an obligation to go camping, and that you DID rent a replacement RV while your was in the shop, I don't think you have any basis for a claim. And then all you COULD claim was the actual rental cost.

What are you basing this on? Or is that just opinion? The Pirate is sighting CO case law. Plus laws vary from state to state.

From actual experience in my line of work dealing with insurance companies, one does not have to spend the actual money to be entitled to damages. You are entitled to damages as provided by your policy and state law and you can do with the money as you see fit. There is tons of case law on this subject in addition to what is stated in the policy.

As stated before one needs to talk to an attorney or a licensed public adjuster for solid advise. Anything posted here is mostly opinion and anecdotal experiences. My own included.

[The Pirate]

Hello,

Thanks everyone for your input. We did settle with the insurance company for loss of use and devaluation of our Airstream trailer. It was well into the thousands of dollars that they agreed to pay us for our losses.

So if anyone out there is involved in an accident, and it's not your fault that someone hit your Airstream, you are entitled to fair compensation for loss of use and devaluation of your trailer, at least in Colorado you are.

Happy Airstreaming!

[pappy19]

Originally Posted by Protagonist

They DON'T owe you anything for loss of use. Camping is a discretionary activity— unless you're a full-timer and your Airstream is your home, you couldn't claim any hardship for the Airstream being unavailable for use. Certainly not the full 113 days.

In the shop or in storage is all the same— you're not using it— so unless you can show that you DID have an obligation to go camping, and that you DID rent a replacement RV while your was in the shop, I don't think you have any basis for a claim. And then all you COULD claim was the actual rental cost.

Not true, consequential damages are legitimate and one can claim every weekend as potential use until your AS is fixed. If you did rent another camper, that cost would be in addition, double in other words. What you settle for is another consideration, but damages to your ability to camp in your own rig, is certainly on the table for negotiations, including the full number of days unavailable for you to go camping.

[Rhonda1210]

Very interested in this thread. Would we be able to verify "loss of use" for our situation? .....

Our Airstream was in the shop for a period of 6 weeks, and then a period of 10 weeks. We were full-timing at the time, and it was our only residence! We were still making payments each month, and that burns me up. However, the repairs were all covered by warranty - so no insurance claim was filed.

Would we have ZERO chance of monetary reimbursement, because we didn't file an insurance claim?