Legal Question in Insurance Law in West Virginia

Lost wages incurred for loss of use of vehicle used in business by sole propriet

Spouse is sole proprietor of business and uses dump truck to haul coal. Truck hit by another driver and has been out of service and unusable for 9 days. Other driver's carrier has accepted liability and paid property damage to repair vehicle; will not pay lost wages due my husband because property damage coverage exhausted; ins. co. says his lost wages must be paid from property damage and we will get no money - this is in excess of $5,000 right now and we can't afford this. Ins. Co says we can go against our Underinsured property damage, but we don't want to do this. Coal truck ins. hard to find in WV and will probably end up being cancelled. HELP!


Asked on 3/25/04, 11:40 am

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Lost wages incurred for loss of use of vehicle used in business by sole prop

Lost income is an element of compensable loss. The adjuster is either ignorant or trying to cheat you. It is possible that the property damage limits of the other driver are exhausted. In that case, you have recourse under your own under-insured coverage, not uninsured coverage as well as from the personal assets of the other driver. A personal injury lawyer should take this case on a modified contingency basis.

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Answered on 3/28/04, 11:43 am


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