You’re properly parked at a rest stop and WHAM! Some new driver takes out the front of your cab while trying to park his rig. With a sick feeling in your stomach, you know you’re going to be down for quite a while and it’s gong to cost you a lot of money.
Everything starts out fine. The new driver has insurance and admits he’s at fault. His insurance company even agrees to pay for your repairs after some negotiation. Your truck goes in the shop and 3 weeks later, you’re back on the road. But what about your lost income while the truck was down? Do you get compensated for that?
While some insurance companies and adverse parties will pay a fair amount of downtime, many won’t. By following a few simple steps, you will have a better chance of collecting downtime and out of pocket expenses.
- Keep a diary (chronology) of everything you do related to the accident and everyone you speak with from the day you’re hit until your equipment is rolling again.
- Document all communication with the adverse party or their insurance company in writing through emails.
- Stay in constant contact with the repair shop and document the reason for delays.
- Keep your losses as small as possible by borrowing or renting other equipment while your equipment is down.
- If you can’t rent other equipment, prove why (specialized equipment, motor carrier won’t allow, etc.).
The information provided on this site is general in nature and is not legal advice. The hiring of a lawyer is an important decision that should not be based solely on advertisements. One of our goals is to assist you in making that decision by assuring that you know more about the law and the nature of legal issues which are of concern to you. Before you decide, ask us to send you free written information about our qualifications and experience.
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.