Is there a standard way to calculate loss of use damages for an independent contractor (truck driver)? His tractor-trailer was damaged in an accident and was out of commission for nearly 9 weeks. Insurance company is offering his net pay from last year divided by 52 weeks. He is claiming he should get his gross pay for the time period based on the average from last year.
Answer: I'm not aware of any authority on the subject. However, the logic of it appears to me it should be loss of gross income, reduced by whatever expenses were avoided by being unable to run the truck (such as fuel cost) but not reduced for expenses that go on even when he is not operating the truck (such as insurance).
Mon, August 20, 2012
by Sharon Coleman filed under