Nationwide Downtime Claims Attorneys for Owner-Operators
Whether you were hit on the highway or in a parking lot, the physical damage to equipment can stop a load from being delivered and create a snowball effect of lost loads. Our staff works with you to help get you and your equipment back on the road as quickly as possible.
Loss of Income
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 and owner operators rely heavily on their tractors and trailers to stay running. Eckert & Associates, PA is very familiar with the concerns of truckers 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.
Loss of Contract
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.
A client or insured may have to file a claim with their own insurance company if the other side refuses to pay. We help collect these deductibles and any other related out of pocket expenses from the at fault party and their insurance company.
Losses from a totaled vehicle can be financially devastating. Laws vary from state to state as to the amount of allowed downtime and lost income 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 may take weeks or months. This can cripple a small trucking business. We encourage our clients and insureds to make sure they are properly mitigating their losses where possible. We welcome calls to discuss how best to get a business back on the road and keep it running.
Out of Pocket Expenses
Most accidents or other downtime result in various out of pocket expenses. In many cases, truckers face hotel bills and transportation costs while their truck is in the shop. We attempt to recover all these losses from the at-fault parties or their insurance company.
After a traffic accident or a mechanical incident, it may be necessary to rent a truck and trailer to continue hauling loads or a car to get home. Retain all receipts, as they may be needed in order to be reimbursed.
Sometimes equipment must be towed from an accident site and the cost can be significant. Towing companies may bill directly for their services. We help collect the towing fee from the adverse party.
Transfer of Cargo
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 by us against the at-fault party.
Detention pay is often due because of a delay in the loading or unloading process. We pursue those parties who fail to live up to their end of a contracted bargain.
Eckert & Associates, P.A. assists in collecting the cost of repairs necessary due to an accident or other negligent incident. When a mechanic has made a faulty repair, we may include the cost of any follow-up repairs and other out of pocket expenses associated with the repair.
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. This may include APU units, specially installed communication devices, specialty trailers, special pumps, hoses, headache rack, sleeper, etc. It is difficult to earn a living while damaged equipment is out of use. We work with clients to prove to adverse parties why mitigation of damages is not be possible with certain equipment.
Diminution of Value
Once a vehicle has been in an accident, its value may decrease. Our office pursues this loss of value against the at-fault party through the assistance of valuation experts and other resources.
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, and pursues lost profits for unnecessary days down.
Cargo is often damaged in accidents. Our office pursues the wrongful party for any cargo losses that are billed to or paid by our clients.
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.
Opposing insurance companies are often unaware of how to properly calculate lost profits of transportation companies. Our law firm’s staff spends significant time educating and convincing adverse adjusters of the large losses sustained by our clients’ downtime.
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. These attorneys review your case, and file suit locally, if appropriate.