To quote WILLIE NELSON:
“On the road again
I just can’t wait to get on the road again
The life I love is making music with my friends
And I can’t wait to get on the road again
On the road again
Goin’ places that I’ve never been
Seein’ things that I may never see again
And I can’t wait to get on the road again
Here we go, on the road again
Like a band of Gypsies we go down the highway
We’re the best of friends
Insisting that the world keep turnin’ our way”
WHAT DOES THIS MEAN TO YOU? You need to be on the road to generate income.
After an accident, it’s important that your business not lose income as the result of someone else’s negligence.
In many cases, the burden falls back on you. You are required to “mitigate” your damages. In simple terms, you have an obligation to minimize the loss by taking necessary actions to lessen the loss. Examples of questions to consider are:
- Is the unit DOT compliant?
- Can you make temporary repairs to keep the unit on the road until parts are ordered and the shop is ready to start repairs?
- Are you able to rent a replacement unit?
- Does your motor carrier allow rentals?
- Does the shipper allow temporary rentals?
It’s important to call the adjuster and repair shop often to confirm they are moving the case forward. Ask when they will do the inspection and when repairs should be complete. If the adjuster and shop are not working at a reasonable pace, move up the ladder with supervisors until you get satisfaction.
If you’re not pushing the claim and repairs along, the at-fault insurance company will unfortunately use this (lack of mitigation) as a means to lessen your claim. Show you’re proactive in your claim. Keep a diary of all dates and times you speak with the adjuster, appraiser, body shop, or any other person involved. Make note of everything discussed and plans of action. Keep handy all parties’ contact information and claim numbers. Should your case go to court, you will need to show you did everything in your power to mitigate your damages; you did what any reasonable person would have and could have done in the same circumstances.
We hope that you will consider our firm for any Downtime or other related claims. We will do our best to make the process easier so you’re “on the road again”.
Kelsea Eckert enjoys helping clients resolve their insurance and downtime claims. She is active in the trucking community and is always willing to speak with groups about transportation topics.
Kelsea was raised in the Bloomington, Illinois area and has practiced law since 1988. She lives in Florida and Kentucky, representing clients across the United States.
Over the years, she has written numerous books, including: The Illinois Legal Filing Directory, Small Claims Court Without a Lawyer, How to Form Your Own Corporation, Getting Paid in Full, Lawsuits of the Rich and Famous, and Selling Internationally, Without a Product.
Kelsea regularly speaks at trade shows, podcasts, and radio shows on transportation issues. She writes articles for newsletters, magazines and the Eckert & Associates, PA blog. Some of her writings and interviews are available on Transport Topics, Landline Media, Expediters Online, Service Truck Magazine, and other transportation media networks.
Kelsea attended Illinois State University and University of Georgia during her undergraduate years. She graduated from Southern Illinois University School of Law. She is a member of the Illinois Bar and Florida Bar.
Kelsea is on the board of the Transportation Club of Jacksonville as the Driver Advocate Chair. She is involved in her community through volunteering, and she and her husband have two amazing children.