Downtime
If equipment is not drivable after an accident, there can be significant financial losses. For small trucking businesses, expenses continue to mount while no income is being generated. We pursue the adverse party for these lost profits.
Small trucking businesses rely heavily on their tractor and trailer to stay running. Eckert & Associates, PA is very familiar with the concerns of owner operators and will do our best to help get you back on the road and retrieve lost profits from the wrongful party.
Small fleets are highly dependent on each piece of equipment working to optimal capacity. When even one piece of equipment is down, a driver may be out of work or a contract is lost. We help small fleets pursue these lost profit and downtime claim losses.
Some insurance companies and their adjusters are unaware of how to properly calculate lost profits of owner operators and small transportation companies. We spend significant time educating adjusters and proving to them how much our clients earn with their equipment. Our goal is to make the other party understand how significant our clients’ losses truly are and pay the claims without unnecessary litigation.
Unfortunately, not every claim can be settled in house. Sometimes the adverse party claims they aren’t responsible for the accident. Even adverse parties who agree they are responsible may not agree to pay the true losses of the business. We work with a nationwide network of attorneys, developed over the years, who are available to review your case, and file suit locally, if appropriate.
Some of our transportation clients have lost lucrative hauling contracts due to a truck or trailer being down for too long following an accident. We review contracts and, where appropriate, demand compensation from the adverse party for loss of the contract.
Sometimes, mechanics make mistakes and are negligent in repairing the equipment they were supposed to fix. Our office pursues these mechanics, demanding the costs associated with their mistakes, as well as lost profits during the days the equipment was unnecessarily down.
Property Damage
Over the years, our office has represented many insurance companies across the United States for their property damage subrogation needs. We work on a contingency fee basis, not charging a fee unless we collect. Our staff has years of experience in subrogation, with some of our staff previously working in insurance companies.
In many cases, a client or insured will have to file a claim with their own insurance company because the other side is refusing to pay. We help collect these deductibles and any other related out of pocket expenses from the at fault party or their insurance company.
Laws vary from state to state as to the amount of allowed downtime for a totaled vehicle. We work with our clients to calculate their true losses and pursue the adverse party for payment.
Significant repairs to a tractor or trailer can take weeks or months. This can be financially devastating to a small trucking business. We encourage our clients to make sure they are properly mitigating their losses where possible in the meantime.
Cargo can be damaged in an accident. We pursue the wrongful party for any cargo losses that are billed to our clients.
When a mechanic makes a mistake on a repair, it can be very expensive for the truck driver. Disputes about negligence, lost income, and the mechanic’s bill are handled frequently in our office.
Many owner-operators and fleets operate with equipment which cannot be readily rented from their motor carrier or a rental company like Ryder or Penske. It is difficult to earn a living while damaged equipment is out of use. We work with clients to explain to adverse parties why mitigation of damages may not be possible.
Out of Pockets
After an accident, it may be necessary to rent a car to get home or a truck to continue hauling loads. Retain all receipts, as they may be needed in order to be reimbursed.
Sometimes equipment must be towed from an accident site. Towing companies may bill directly for their services. We help collect the towing fee from the adverse party.
When equipment is damaged and not drivable, cargo must often be transferred to another driver or to other equipment. The loss of income from the load, and any fee for the transfer, is pursued against the at-fault party.
Detention pay is pursued by our firm against parties who fail to live up to their end of a contracted bargain.
Eckert & Associates, PA pursues adverse parties for the cost of repairs necessary due to an accident or other negligent incidents. Where a mechanic has made a faulty repair, we may include the cost of any follow-up repairs done.
Medical expenses due to an accident can add up quickly. Please contact our office as soon as possible regarding any bodily injuries that have occurred due to an accident so as to protect your rights.
The value of equipment may decrease because of damages from an accident. Our office pursues this lost value in an attempt to make our clients as a whole as possible.
The law firm of Eckert & Associates, P.A. aggressively pursues and collects downtime claims for owner-operators and fleets, as well as subrogation matters for insurance companies. We work in the style of a collection agency, but with the force of a law firm. We work on a contingency fee basis. No upfront cost is required to begin a case through our office.
Our active hands-on approach during the early stages of collection allows for a better chance of resolving the matter without litigation.
Are you an owner-operator who has been hit through no fault of your own? You may have the right to recover lost income for the days your equipment was down and unable to operate.
Downtime, Lost Revenue, Loss of Revenue, Loss of Use, Lost Income, and Business Interruption Losses are terms often intermingled within the industry. When rolling assets are not moving, income is not being produced. Owner operators lose income while equipment is sitting still. However, their businesses continue to have fixed expenses. Owner-operators and motor carriers who lose the use of their trucks following an accident are stripped of their income-making capacity, playing havoc with their livelihood and bottom line profit. Large losses of revenue add up quickly.
We offer free consultations. Call us at (904) 278-7688 or fill out the “Do I Have a Case” form at the top of the page. We look forward to speaking with you.
