Downtime & Loss of Use Claims for Truckers

You can still pursue compensation even if you didn’t secure a substitute in most states. Downtime refers to your inability to use your vehicle and the income you lost, regardless of whether you obtained equipment elsewhere. In fact, for commercial trucks, you often cannot mitigate through rentals because comparable vehicles aren’t available.

Compensation is typically calculated using:

• Your actual daily revenue (preferred method)
• Reasonable rental value of a similar vehicle
• Industry standard per diem rates for comparable equipment
• Daily rates for similar commercial vehicles (if available)

Your actual income losses usually exceed standard rental value calculations.

We pursue compensation from the date of the incident until:

• The vehicle is repaired and returned to you
• You receive payment for a total loss
• You acquire a replacement (for total loss scenarios)
• A reasonable time for repairs has passed

The claim duration depends on the specific circumstances, but generally covers the entire period you were without equipment due to the incident.

We respond by showing relevant facts, including:

• You attempted to rent comparable equipment but were denied
• The cost of renting commercial equipment exceeded reasonable amounts
• No comparable rentals were available in your market
• Rental rates for commercial trucks made renting impractical
• A standard rental car cannot replace a commercial truck

This proves you took reasonable steps to mitigate.

It’s important to consult an attorney regarding your specific situation. Generally, in comparative negligence states, you may still recover damages proportional to the other party’s fault percentage. For example, if you were 20% at fault, you could recover 80% of your losses. However, in contributory negligence states, any fault may bar recovery.

You may still be able to claim downtime if:

• The vehicle is unsafe to operate commercially
• You cannot legally operate it (failed inspection, DOT violations)
• Operating it risks further damage
• Your contracts require specific equipment standards not met by the damaged vehicle

Downtime may still apply even if the vehicle is technically drivable.

If you have personal injuries from the incident, you need a personal injury attorney  to handle medical bills, pain and suffering, and bodily injury claims. For downtime claims and property damage, you need an attorney who specializes in commercial vehicle property claims. We handle property damage; we can refer you to a personal injury attorney if you have injury claims.

A standard rental car or truck cannot replace a commercial truck for business purposes. While the insurer may offer reimbursement for a passenger vehicle, this doesn’t address your actual income losses. You can still pursue downtime for your commercial truck income in most states even if they pay for a rental car.

Many of our cases resolve within 60-90 days if:

• Liability is clear (at-fault party is obvious)
• Documentation is complete
• The vehicle is repaired or total loss is settled
• The insurer negotiates reasonably

Complex cases with disputed liability, complicated repairs, or resistant insurers may take 6-12 months or more if resolved in-house or longer if litigated.

While it is often better to have legal representation to handle all conversations with an adjuster to avoid making statements that could hurt your claim, some of the questions include: 

• What is their daily rate calculation method?
• Will they accept my actual income as the basis for damages?
• What documentation do they need to process my claim?
• What is their timeline for resolving the property damage claim?

Even if you file a claim with your own insurance company for repairs, you may still pursue other damages from the at-fault party. Your policy likely doesn’t include loss of use coverage, and even if it does, you can seek full compensation from the responsible party.