If your commercial truck was so badly damaged in Georgia that you can no longer use it, you have the right to file a loss of use claim. An Atlanta truck accident lawyer can help you complete this process, which involves:
- Filing a claim with the liable party’s insurance company
- Going through the proper procedure for filing a claim, as defined by the insurer
- Waiting for the insurance adjuster to finish investigating the crash and make a decision
Steps for Filing a Commercial Trucking Loss of Use Claim in Georgia
If your truck was damaged so badly that you can no longer use it, a loss of use claim can help you cover your losses. Each insurance company has its own procedure for filing a claim, so it is best to start by checking with the insurer’s website or with a truck accident attorney who is familiar with such claims.
In general, the process proceeds along the following lines. You can hire a lawyer to help you with each of the following steps:
Proving Your Loss of Use Claim Against a Liable Party
Per O.C.G.A. § 33-7-11.1(b), you can recover money for loss of use from whoever caused your accident. This could be the driver of another vehicle, the driver’s employer, a negligent mechanic, or even the government. You will need to prove your case with evidence, such as:
- A police report establishing the at-fault party’s presence at the accident scene
- Video footage that shows either the accident itself or the circumstances leading up to it
- Prior complaints issued against the liable party
Proving the Worth of Your Georgia Loss of Use Claim
In addition to proving the at-fault party’s liability, you will need to show that the amount of money you are asking for is a fair reflection of your losses. Your attorney can do this by collecting your receipts, bills, pay stubs, and tax information.
Calculating the worth of your loss of use case can get complicated and even contentious. Consulting an attorney can ensure you arrive at the most accurate amount—and that you can support that amount with ample evidence if the insurer tries to dispute it.
Filing Your Commercial Truck Loss of Use Claim
Many insurers have deadlines by which you must file your claim for lost profits. Your legal representative can help you find the forms you will need to file the claim on time.
You may then have to wait a while as the insurance company assigns an adjuster to look into the matter. You have the option of having the insurer communicate through your attorney, who will then alert you if and when they hear anything.
For a free legal consultation, call 404-214-2001
Loss of Use as it Applies to Georgia Commercial Trucking Cases
Loss of use refers to a type of insurance coverage that pays out when you can no longer use your vehicle. Per Ga. Comp. R. & Regs. R. 120-2-52.-07, such a policy could pay you for:
- Any income you cannot earn while the truck is inoperable
- The cost of fixing the truck so that you can use it again
- The cost of purchasing a new truck of comparable value to the old one, if it is beyond repair
- The cost of renting a new truck to do your job or get around while your old one is still being fixed or replaced
Once you start receiving payments, you may only be allowed to continue collecting them for a limited period of time. A Georgia truck accident attorney can help you to better understand these regulations.
When to File a Commercial Trucking Loss of Use Claim in Georgia
If someone else’s negligence caused your accident, they owe you money. You should file a loss of use claim as soon as you figure out who is responsible for the damage to your truck.
Cases like yours typically come with a built-in deadline. In addition to any time limits set by the insurer, you have to obey O.C.G.A. § 9-3-33, which disallows any legal cases filed more than two years post-accident.
Dealing With Challenges to Your Georgia Loss of Use Case
Sometimes, an insurance company will recognize that your case is strong and accept your claim without any trouble. Unfortunately, in all too many cases, the insurer tries to refute or even reject claims that are perfectly valid.
This is another good reason to confer with a truck accident attorney. They can help you navigate obstacles, such as:
Accusations That You Caused the Commercial Trucking Accident
You can only get damages from another party’s insurance company if you can prove that that party caused your crash. The insurer may, therefore, deny their client’s liability or even pin the collision on you by saying that, for instance, you ran a red light or were exceeding the speed limit.
A strong case file with plenty of evidence can protect you against such statements.
Undervaluing Your Georgia Loss of Use Claim
Even if the insurer accepts liability, they may try to say that you have asked for too much money and bring down the amount they have to pay.
Again, a large and varied body of evidence is your best defense against this tactic.
Protracted Negotiations for a Loss of Use Settlement
Insurers occasionally try to drag out the claims process in the hopes that you will cave in and settle for less. Instead, you can let your lawyer manage all communications with the other side and:
- Update you on how your case is progressing
- Keep tabs on the insurer to see where they are in the process and if they have good reason to be taking as long as they are
- Negotiate for as long as it takes to get the loss of use and other payments you are entitled to receive
Click to contact our personal injury lawyers today
We Can File Your Georgia Commercial Trucking Loss of Use Claim
The process of filing a commercial trucking loss of use claim in Georgia can get complicated, especially if the insurer rejects your claim. Call Kaine Law today if you want help dealing with your case. Our team can take care of everything so that you do not have to worry about your legal case as you recuperate.
Call or text 404-214-2001 or complete a Free Case Evaluation form
