Legal Question in Insurance Law in Hawaii

Lost of business claim

I'm one man operator limousine

service, I own just one limo.

One of Avis rent a car company's

renter hit my limo with about $2,200

damage.

Avis took prime responsability and

their adjuster offer me $1,900 to

repair

the car. The renter did not take

insurance from Avis.

They took 3 months to come to this

stage,

I lost quite bit of business because I

did not have the money to fix my

limo I

have liability cover only plus will take

about 5 days to fix the car and I will

not be able to work. I make average

$300 t0 $400 daily.

Avis adjustor told me that they don't

have lost of business insurance only

damages.

Should I fight for it or just get the

$1,990 check as final settlement?

Thank you for your help.

Richard


Asked on 9/03/08, 5:28 pm

1 Answer from Attorneys
Matthew Kohm Matthew S. Kohm, Attorney at Law

Re: Lost of business claim

Richard,

You are most certainly entitled to reasonable "loss of use" claim under HI law. HRS � 431:10C-301 (b)(2) requires that "ALL" cars have insurance to cover property damage which includes "loss of use thereof,". It specifically says that in the statute which you can google. Its a bit wordy statute, but skip down to subsection (b) and item (2) under it.

You may also have a seperate tort claim for injury to your business.

As to triggering insurance property damage coverage, you need to document a claim and be reasonable. (Don't make stuff up, get signed documents from service that books your limo, or any private solicitations). If you have a steady clientle that you couldn't service, and or regular contracts with hotels or others, you can show that you couldn't do that work. On the other side, a business would/should try to get back to work and Avis will likely argue you sat on your hands. Be reasonable and document your losses. Don't be speculative. Also, you can't got to small claims if its more then 3K. You need to go to District Court or Circuit Court. Don't sue Avis; you need to specifically sue that Driver. Perhaps and attorney would work better for you.

Best of luck.

Matthew Kohm (Maui)

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Answered on 9/03/08, 7:53 pm


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