A car runs into your utility truck. Based on the damage, that company truck could be down for weeks. While the car’s insurance might pay for your repairs, there’s also the lost income while the truck’s down.
Business Interruption Expense or Downtime
Some insurance policies call this lost income ‘Business Interruption Expense’. The innocent party should be compensated for the lost income during the time business was interrupted. If the equipment damaged can be rented, then the rental expense should be reimbursed. In both cases, it’s considered a loss of use claim.
A Different Type of Downtime
Another example of a downtime claim happens on a job site – Imagine if a front-end loader damages the infrastructure you’ve just laid and costs you thousands in repairs and weeks of manpower. Shouldn’t you be compensated for this loss?
These types of losses can play out in many different ways. For instance, multiple companies could be performing work on the same job site. One of these other companies has an employee who isn’t paying attention and drops a steel beam on your underground puller. The damage is substantial and a rental isn’t available. Shouldn’t you be reimbursed for the financial losses this causes?
Negligence: Careless Action Causes Harm
When someone or something causes your business harm, it’s called negligence. While the laws across the United States certainly vary, generally the law protects the damaged party and allows for compensation and reimbursement of all those out of pocket expenses related to the incident, even for large utility companies or contractors.
So, the next time someone damages your equipment or property, consider the idea of pursuing them for the losses they caused.
Eckert & Associates, PA helps businesses collect the money that’s rightfully theirs. We offer complimentary consultations to discuss potential cases. We also offer safety training to businesses via Zoom or in-person for claims and downtime matters.
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.