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My truck was totaled,proven not my fault, can I claim loss of use for hauling jobs I could not do due to accident?

Medford, OR |

My claim is against Safeco. I had to cancel 3 paying jobs, moving and hauling with the truck for private parties, that I had committed to do. I have also not been able to do some personal things like picking up and hauling my new stove, carpet for under my pool which I cant set it up without it, and I am behind on my firewood stock because this is the time of year I get alot of wood from people clearing their property. Can I claim any of this and what would I need to do it? How much could I ask for. I also used the truck to go to work on hot days because it had A/C and my car doesnt and I dont tolerate the heat well due to health issues and also my car tends to heat up in hot weather.

Attorney Answers 3


  1. No, I do not think so. But don't take my word on it - ask your favorite accountant or bean counter..

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. You are not likely to recover any of the delineated damages. Particularly not the use of the truck on "hot" days. However, consult an accident attorney in your state if you have not already done so for further clarity.

    The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.


  3. If you sustained any injury then you should consult with an injury attorney. Otherwise it is difficult to answer. You might also just file a small claims action should you have no injury. Good luck.

    *This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.