Visitor Question

Compensation for being unable to work on my property after my truck was totaled?

Submitted By: Anonymous (Oceanside, California)

On Jan 5 a convicted drunk driver totaled my GMC truck. I am the owner have liability insurance. The drunk driver has full coverage. His insurance quickly made an offer but I refused because I could not find a replacement truck at the offered price. The claim is still pending with no payments accepted.

Then the district attorney assigned to the case sent a letter asking what restitution I would request. I am retired and live on a large property with 3 rental units. I use the truck for maintenance, repairs, and upkeep of property, which I’ve been w/o for 70 days now.

There were no injuries to the drivers. How do I calculate the inability to do work w/o the truck, and the time spent on everything to do with the accident and getting my truck replaced? I have the cost of truck already documented. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Anonymous,

Start by going to Kelly Blue Book, where you will be able to find out your truck’s retail, wholesale, and trade-in value. That is a good starting point.

The insurance company will likely take the position it is not their fault you were unable to do maintenance and upkeep for seventy days. They will contend they offered you a fair settlement based on the truck’s year, model, condition, and mileage, and you refused to accept it.

At this point you are in a precarious position. The claims adjuster has all the time in the world. Your claim is likely one of 30, 40, or more claims on the adjuster’s desk.

While you can argue your upkeep of the property was halted while your claim was being negotiated, unless you can document a supportable monetary loss on your failure to maintain upkeep, the adjuster will once again take the position it is not their fault. This is especially true if the offer they made was reasonable based on fair market value of the truck.

Learn more here: Recovering Lost Wages After Injury

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


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