You called 50 law firms. Every single one asked the same question: “How were you injured?”
You weren’t injured. Your truck was. And now it’s sidelined in a shop while your loan payment comes due, your insurance premium hits, and your income has completely stopped.
Sound familiar?
This is the frustrating reality for owner-operators after an accident that wasn’t your fault. The billboards scream “trucker lawyer,” but those attorneys want to sue truckers, not represent them. Property damage? Lost revenue? Not their department.
“A lot of truckers assume there’s no one out there to represent them,” says Attorney Kelsea Eckert at Eckert & Associates, P.A., who has advocated for the trucking industry for decades. “Everybody’s out to get truckers and their million-dollar liability policies.”
Here’s what those 50 law firms didn’t tell you: Owner-operators have a right to recover downtime. And there’s money on the table you’re probably not collecting.
What Is Downtime Compensation?
Downtime. Loss of use. Lost profits. Business interruption. Different names, same concept.
When another driver is at fault, their insurance owes you more than repair costs. They owe you compensation for every day your truck is out of service.
“Downtime is just that loss of income for every day a truck is down,” Eckert explains. “When that equipment is down, a family is down.”
In every accident, there are two buckets of money: bodily injury and property damage. Downtime lives in the property damage bucket, the one nobody’s fighting over.
Most states recognize lost income as a consequential loss under the at-fault party’s insurance. Yet most owner-operators never file these claims.
Why? Nobody told them they could.
“We Don’t Cover Downtime”: The Lie Insurance Companies Tell
You file a claim. The adjuster says five words that shut down the conversation: “We don’t pay downtime.”
This isn’t law. It’s a tactic.
“Just because the enemy says you don’t have a right to downtime doesn’t mean you don’t have a right to this compensation,” Eckert says. “There are some very good laws that support downtime claims.”
The problem is training. Insurance companies have gutted middle management. Adjusters handling your claim may have never seen a commercial trucking policy.
These adjusters deny legitimate claims because they don’t know the rules. A skilled attorney educates them—fast.
What Actually Gets Owner-Operators Paid for Downtime Losses
Adjusters respond to evidence. Not arguments. Not frustration. Evidence.
Third-party documentation changes everything. Settlement sheets showing income history. Repair invoices with clear timelines. Written communication logs.
“It’s really important when an adjuster has a question that we answer that question very clearly rather than in generalities,” Eckert says. “We do our best to give third-party support.”
The difference between “I think I lost money” and “here’s what an accountant calculated”? That’s the difference between denied and paid.
The Release Trap That Costs Trucker Thousands
The biggest mistake truckers make happens before they ever call an attorney.
Insurance companies offer to pay for repairs—let’s say $5,000. They send over a “property damage release” with the check. You sign it, thinking you’re just acknowledging the repair payment.
You just gave up everything, including diminished value, downtime losses, out-of-pocket expenses, and everything related to the accident on the property damage side.
Sign a general release? That wipes out both property damage and personal injury claims in one shot.
This is why at-fault driver’s insurance companies push releases so hard, so fast. They’re betting you don’t know what you’re giving up.
Small Details That Sink Big Claims
A mirror gets knocked off your truck. Sounds minor. But that mirror is on backorder, and without proper mirrors, your truck isn’t DOT-legal.
A day turns into a week. A week turns into a month. All over a mirror. That repair delay? That’s grounds for a substantial downtime claim.
Dash cam footage from the accident? Overwritten if you don’t save it immediately. Witness statements from the truck stop? Gone if you don’t get contact information on scene.
Eckert recommends walking over to nearby businesses right after an accident. Ask for their security footage. Get witness statements in writing. Document everything before memories fade and recordings disappear.
If It’s Not in Writing, It Never Happened
But having the right evidence only matters if you collected it in the first place.
You have what’s called a “duty to mitigate damages.” You can’t just sit around losing income while waiting on damaged equipment. You have to actively try to minimize your losses.
Let’s say your specialized equipment is in the shop. You know there’s no rental company that has that equipment. But you still need to call around and ask, and get it in writing.
After each call, send a follow-up text or email: “This is to confirm our conversation today, where you told me you don’t have any equipment available for rent.”
“If it’s not in writing, it never happened,” Eckert emphasizes. Five years from now, when the other side claims you didn’t do anything to mitigate your losses? That documentation is your proof.
The Clock Is Ticking to File a Successful Downtime Claim
Every claim has a deadline. Miss it, and nothing else matters.
Most truckers wait one to three months before reaching out. That’s one to three months of bills piling up, documentation opportunities slipping away, and deadlines creeping closer.
Call an attorney immediately. Before you give a recorded statement. Before you sign anything. Before you accept any offer.
“It’s very important not to do a recorded statement with the other side until you’ve had a consultation with an attorney,” she emphasizes.
The quicker you act, the faster the demand goes out. Some insurance companies write a check immediately when the driver’s insurance company agrees you’re owed downtime compensation. Others negotiate for weeks.
But nothing happens until you start.
Your Truck Is Down. Your Options Aren’t.
Owner-operator downtime compensation exists for exactly this situation. Every day your rig sits costs you money, money the at-fault driver’s insurance should be paying.
Whether you’re an owner-operator or manage a fleet, the dollar amount of your claim depends on proving what you lost and documenting every step you took to get back on the road.
Contact Eckert & Associates, P.A. at 1-800-DOWNTIME for a free consultation, or use their “Do I Have a Case?” form at downtimeclaims.com.
Frequently Asked Questions About Downtime Claims for Owner-Operators
What should I do immediately after a truck accident?
If you’re in an accident, your first priority is safety, then evidence. Call 911 every time, even if the at-fault party promises to handle everything. Save your dash cam footage immediately before it gets overwritten. Walk to nearby businesses and ask for their security camera footage. Get witness contact information and statements in writing. Take photos of both vehicles, road conditions, and all damage. Collect the other driver’s insurance information, motor carrier details, and driver’s license. The evidence you gather in those first hours can determine whether you recover lost income or walk away with nothing.
How long does it take for the truck to get back on the road after an accident?
The repair or replacement timeline varies dramatically. A simple mirror replacement might only take a day, but if that mirror is on backorder, your truck could sit for weeks. More complex repairs can sideline equipment for months. The duration of downtime you experienced while your truck was being repaired becomes the basis of your claim. This is why documentation is critical. Keep a written timeline of every delay, every call to the repair shop, and every communication with the at-fault party’s insurance company.
Can I file a claim for the downtime even if my truck is in the shop for regular repairs?
No. Downtime claims only apply when your truck is out of service due to an accident caused by someone else’s negligence. If your truck is sidelined for routine maintenance, mechanical failures, or breakdowns not related to an accident, you cannot file a downtime claim against another party. However, if another driver damages your truck and that damage requires repairs, you have grounds for compensation for every day that truck sits, even if the repair itself seems minor.
How do insurance companies in the trucking industry calculate the amount of the downtime claim?
The dollar amount of the downtime claim depends on proving the income the truck would have earned during the repair period. For owner-operators with dedicated routes, this calculation is straightforward, you show your regular weekly income and multiply by the weeks down. For operators running load boards, you’ll need to prove historical earnings from the 60-90 days before the accident, or compare to the same period the previous year if you were in your high season. Third-party documentation like settlement sheets, tax returns, and load confirmations strengthen your case. Your downtime claim can hinge on the quality of this income proof.
What if the at-fault driver doesn’t have enough insurance coverage?
If at-fault parties carry insufficient insurance to cover your losses, you may have options through your own policy. Some owner-operators carry underinsured motorist property damage coverage specifically for this situation. This insurance coverage can fill the gap when the other driver’s limits are too low to cover your full downtime losses. Check your policy or consult with legal advice to understand what protection you have. Without the right insurance, you may be limited to whatever the at-fault driver’s policy maximum allows.
Do fleet owners have the same rights as individual owner-operators?
Yes. Fleet owners have a right to file downtime claims for each vehicle damaged in an accident. The process is similar, but the documentation requirements may be more complex. You’ll need to prove the income each specific truck would have generated, show that you couldn’t reassign loads to other vehicles, and document your mitigation efforts. Some fleets have dedicated legal teams or work with firms like Eckert & Associates that specialize in downtime claims for both individual operators and fleet owners. Understanding your rights means knowing that every truck in your fleet deserves compensation when sidelined by another driver’s negligence.
How long do I have to file a claim after a trucking accident?
Every state has different statute of limitations, but waiting is dangerous. Most truckers wait one to three months before seeking legal advice—that’s one to three months of lost documentation opportunities and approaching deadlines. Government entities often require formal notice within six months or less. In the event of an accident, call an attorney immediately. The quicker you act, the faster your demand goes out and the sooner you can recover what you’re owed. Some insurance companies pay immediately; others take weeks to negotiate. But nothing happens until you start.