Truck Subrogation Attorney and
Insurance Recovery Services for Carriers & TPAs
National Partner for Commercial Auto Claims,
Including Collection and Reimbursement
When your insured’s commercial vehicle is damaged in a not-at-fault accident, recovery shouldn’t stop at repair costs. Storage, towing, replacement rentals, out-of-pocket expenses, and downtime all represent real exposure and missed opportunity for insurance companies writing commercial trucking lines. Eckert & Associates, P.A. provides national subrogation services to help insurers maximize recovery on property claims, liability claims, and other claims paid for motor carriers.
Attorney Kelsea Eckert has represented motor carriers, owner-operators, and insurance companies since 1988. Our law firm’s niche focus, truck property damage subrogation and recovery, gives insurers a true partner who understands both claims handling and the trucking industry business model. With decades of experience, we deliver the results carriers expect.
Why Insurance Recovery in Trucking Is Different
Unlike passenger auto claims, a truck accident affects business income, contract fulfillment, and DOT compliance.
The subrogation process requires not just legal representation, but operational insight into heavy equipment, loss of use, mitigation, diminished value, and repair logistics.
Complex Property Claims Requiring Specialized Expertise
- Extended repair timelines - Parts backlogs, body shop delays, and supply-chain issues extend downtime and increase loss exposure
- Rental market scarcity - Documenting mitigation efforts when replacement equipment isn't available for commercial vehicles and specialized units
- Heavy equipment valuation - Accurate investigation and analysis of losses for subrogation on tractors, trailers, buses, and specialized equipment
- Downtime exposure - Quantifying lost use for commercial rigs with historical earning data and proper valuation
- Release and assignment management - Avoiding waivers that extinguish your right to seek reimbursement
- Multi-party coordination - Resolving property claims where multiple carriers, fleets, or drivers share interest
We speak the same language as your insureds – cargo, settlements, loads, dispatches, permits, and downtime, and translate that into clear, streamlined demands with provable damages that hold up under scrutiny from at-fault parties and responsible parties.
Who We ServeInsurance Carriers, TPAs, and Self-Insured Entities
Commercial Auto Carriers
Regional and national insurers – writing owner-operator and small fleet insurance policies for the trucking industry
Specialty transportation carriers – Companies focused on truck lines of business requiring skilled recovery support MGAs and program administrators – Managing general agents with trucking programs requiring recovery services Mutual carriers – Member-owned insurers serving motor carriers and fleet operators
Third-Party Administrators (TPAs)
Self-insured TPAs – Administrators handling claims for self-insured companies and large fleets
Captive TPAs – Managing claims for captive programs in the transportation sector
Fleet management TPAs – Specialists handling property claims for fleet operations
Self-Insured Entities
Large motor carriers – Self-insured fleets with high deductibles or retention programs
Captive programs – Fleets with their own captive structures needing recovery support
Risk retention groups – Pooled arrangements in the transportation sector
What We HandleComprehensive Subrogation and Recovery Services
Loss of Use and Downtime Recovery
Value-add for your insureds. Even when insurance policies don’t include loss of use coverage, we can pursue these claims on behalf of your insured against the at-fault party(s). This service is at no cost to your company:
- Business interruption – Lost revenue while commercial vehicles sit idle after accidents.
- Contract losses – Missed delivery opportunities and contract penalties.
- Driver idle time – Compensation for paid drivers without equipment to operate.
- Mitigation documentation – Proving reasonable efforts to reduce losses when rentals weren’t available.
- Out-of-pocket costs not covered by insurance – Making your insured whole again, at the true at-fault party’s expense.
Property Damage Recovery
Our team recovers all property claims including:
- Repair costs – Complete reimbursement for collision repairs, including supplements and parts delays.
- Total loss valuations – Fair market value when vehicles can’t be economically repaired, with proper valuation.
- Diminished value – Reduced resale value after repairs, important for newer equipment.
- Towing and storage – All out-of-pocket expenses related to accident response and vehicle storage.
- Rental and replacement costs – Reimbursement for temporary equipment when your insured secured rentals.
Calculation and Other Claims Paid
- Deductible reimbursement – Recovering your insured’s out-of-pocket deductible from responsible parties.
- Premium adjustments – Supporting documentation for claims that affect loss ratios.
- Additional expenses – Out-of-pocket expenses including uncovered costs, ranging from tow charges at the accident site to inspection fees once repairs are completed.
Our Recovery Process
How We Work with Carriers
We integrate seamlessly with your team as a skilled partner.
Our subrogation team operates as an extension of your department, not a replacement.
Our systems are built for partnership, communication, and compliance with your company’s standards within the insurance industry.
File Review & Screening for Potential
The problem: You lack resources for litigation on smaller files or in distant jurisdictions
Our solution: Our nationwide network of vetted local counsel handles cases in all state and federal courts, with our firm maintaining oversight and continuity. This provides a one-stop shop for claims from start to finish.
Demand Preparation
Our role:
Carefully draft detailed claims with organized evidence proving liability and full losses, including calculation and other claims paid. We create clear, streamlined demands with provable damages, including insured’s related claims if requested.
Your advantage:
Higher recovery accuracy; lower dispute rate from responsible parties and at-fault insurers, increased appreciation from insureds
Negotiation & Recovery
Our role:
Firmly engage with at-fault insurers, self-insured entities, and third-party defendants for settlement
Your advantage:
Reduces backlog, frees adjuster time for new claims, improves outcomes
Litigation Support
Our role:
Professionally assign and manage cases nationwide via trusted local counsel in state and federal courts
Your advantage:
Lowers litigation risk and legal overhead with experienced professionals who understand transportation, one stop shop for status of all litigation files
Reporting & Metrics
Our role:
Regularly deliver progress updates and analytics on pending, settled, and closed files
Your advantage:
Gives you transparency and measurable results for management that maximizes ROI
Case StudiesReal Recovery Results for Transportation Carriers
Case 1: Regional Insurer / Multi-Unit Collision - Effective Recovery
Loss: Insured’s tractor-trailer damaged in a chain-reaction crash
Challenge:
Mixed liability and delayed repair parts in complicated subrogation scenario
Action:
We contacted the insured’s driver to obtain clear dashcam footage. We coordinated documentation with the fleet manager and shop, established clear repair justification with thorough investigation, and pursued the full repair costs and out-of-pocket expenses.
Result:
$45,000 recovered including deductible and partial downtime compensation after proving liability with clear evidence. Effective subrogation through comprehensive demands demonstrating our record of success in handling complex claims.
Case 2: Owner-Operator Policy / Denied Liability
Loss:
Vehicle struck while parked; at-fault carrier disputed causation in subrogation claim
Challenge:
Party denied responsibility despite clear evidence
Action:
Investigation by the firm’s attorneys secured facility video footage, police report, photos of point of contact and scene, and repair timeline. We provided this strong evidence of liability through a comprehensive claim with proper valuation and provable damages.
Result:
Full recovery of $21,700, including deductible reimbursement and towing charges. Record of success handling complicated subrogation disputes.
Case 3: Fleet Policy / Self-Insured Retention
Case 4: Regional Delivery Fleet / Six-Week Downtime
Loss:
Distracted motorist caused collision; vehicle out of service for six weeks
Challenge:
At-fault insurer claimed loss of use was “speculative” and offered repair costs only
Action:
We compiled evidence including detailed timeline, proof of mitigation, proof of lost income, and documentation that rental wasn’t available. We provided average daily revenue calculations with specific knowledge and experience in trucking economics.
Result:
Recovered over $36,000 in downtime and rental reimbursement, fully covering equipment’s net loss. Proven track record demonstrating effective recovery on complex matters.
Case 5: Self-Insured National Fleet / Chain-Reaction Crash
Loss:
Not-at-fault chain-reaction crash on I-10; $75,000+ in repair and towing, plus 29 days downtime
Challenge:
$85,000 SIR before excess coverage applied; needed recovery within retention
Action:
Leveraged financial calculations, expert advice and reports, strong demand letters with thorough investigation and analysis
Result:
Secured full reimbursement of SIR amount without litigation, allowing risk management team to reallocate funds. Record of success in handling multi-party claims across state and federal jurisdictions.
Consistent Outcomes Across Transportation Claims
Strategic Benefits for Carriers and Recovery Leaders
Increase Recovery Ratios Without Adding Headcount
Our law firm supplements your staff with specialized professionals and paralegals trained in truck loss documentation, freeing your adjusters to focus on new claims. Our subrogation practice allows you to handle claims in volume without expanding internal resources.
Improve Claim File Quality and Defense
Every demand package includes all pertinent evidence: final repair invoices, supplements, photos, parts documentation, loss timelines, and liability support. These are the same materials needed to defend your own exposure if challenged. Our thorough investigation creates defensible files.
Avoid Release & Assignment Pitfalls
We review all settlement documents for protection of your insureds and manage assignment of rights to preserve your right to seek reimbursement. Our team understands state and federal laws governing releases and assignments.
Strengthen Insured Relations Through Recovery
When your trucking insureds see that you actively pursue recovery on their behalf including deductibles and out-of-pocket expenses, it builds trust and renewals. Even if insureds don't have loss of use coverage under their insurance policies, we can provide this service to them, strengthening the value.
Gain Insight into Hidden Opportunities
Many insurance companies unknowingly leave dollars on the table by closing small-dollar or complex heavy-vehicle property claims. Our audit process helps identify subrogation potential and recover them. We handle claims in volume, so we're happy to handle the small claims that companies may overlook.
Leverage Cutting Edge Technology
Our proprietary management system provides 24/7 portal access for claim status, automated reporting, and data analytics. This cutting edge technology gives you real-time visibility into your portfolio.
Problems We Solve for Insurance Carriers
Limited Litigation Resources
The problem: You lack resources for litigation on smaller files or in distant jurisdictions
Our solution: Our nationwide network of vetted local counsel handles cases in all state and federal courts, with our firm maintaining oversight and continuity. This provides a one-stop shop for claims from start to finish.
Low Recovery Rates on Trucking Lines
The problem: Your truck lines show lower recovery ratios than other lines of business
Our solution: Our subrogation practice focuses exclusively on commercial trucking, giving us specific knowledge and experience that produces higher recovery rates. We understand what makes effective subrogation with clear demands and provable damages.
Complex Liability Claims
The problem: Multi-party accidents, disputed liability, and complicated scenarios sit unresolved
Our solution: Our experienced team handles complicated subrogation through thorough investigation, expert analysis, and when necessary, subrogation litigation in state and federal courts across the U.S.
Inadequate Loss Documentation
The problem: Claim files lack the detailed documentation needed for effective recovery
Our solution: We work directly with insureds to gather comprehensive evidence, creating clear, streamlined files that support maximum reimbursement. Investigation ensures nothing is overlooked.
Release and Assignment Errors
The problem: Insureds sign releases or settlements that allegedly extinguish your rights
Our solution: We review all settlement documents and educate insureds on protecting your right to seek reimbursement, preventing costly mistakes that eliminate potential. We defend your right to pursue subrogation.
Self-Insured National Fleet / Chain-Reaction Crash
Loss:
Not-at-fault chain-reaction crash on I-10; $75,000+ in repair and towing, plus 29 days downtime
Challenge:
$85,000 SIR before excess coverage applied; needed recovery within retention
Action:
Leveraged financial calculations, expert advice and reports, strong demand letters with thorough investigation and analysis
Result:
Secured full reimbursement of SIR amount without litigation, allowing risk management team to reallocate funds. Record of success in handling multi-party claims across state and federal jurisdictions.
Equipment Types We HandleComprehensive Coverage
Commercial Vehicles and Tractors
Class 8 tractors – Over-the-road vehicles, day cabs, sleeper cabs
Medium-duty vehicles – Straight trucks, box trucks, delivery vehicles
Specialized haulers – Tankers, flatbeds, reefers, car haulers, heavy haul equipment
Vocational vehicles – Dump trucks, cement mixers, utility trucks
Trailers and Equipment
Dry vans and reefer trailers – Standard and refrigerated trailers
Flatbed and specialized trailers – Lowboys, step decks, RGN trailers
Tank trailers – Liquid and bulk commodity trailers
Intermodal equipment – Chassis and container handling equipment
Buses and Passenger Vehicles
Motor coaches – Tour buses and charter buses
Shuttle buses – Airport, hotel, and corporate shuttles
School buses – Public and private school transportation
Transit buses – Public transportation vehicles
Educational Support for Claims Teams
Continuing Education
We regularly provide continuing education (CE) sessions and training modules for recovery and property damage teams within the insurance industry. Popular topics include:
Available Training Topics
- Downtime claims from the carrier's perspective - Understanding loss of use in commercial transportation
- Recovery strategies for commercial vehicle losses - Maximizing reimbursement on transportation lines
- Avoiding release traps in property damage settlements - Protecting recovery rights
- How to evaluate mitigation in downtime claims - Assessing reasonable mitigation efforts
- Valuation of heavy equipment - Proper valuation techniques for commercial vehicles and trailers (through our experts)
- Multi-party liability in transportation accidents - Navigating complex liability scenarios
These sessions can be presented in person, via webinar, or incorporated into your training programs. We tailor content to your team’s specific needs and lines of business.
Why Insurance Carriers Choose Eckert & Associates, P.A.
Trucking Industry Focus with Decades of Experience
We've handled thousands of commercial vehicle claims from heavy-haul to hotshot. Our team understands the trucking industry inside and out, giving us the specific knowledge and experience needed for successful recovery. With decades of experience, we deliver consistent results.
Carrier Collaboration Experience in Subrogation and Recovery
We work with regional and national insurers writing owner-operator and small fleet policies. Our firm understands subrogation law, policy interpretation, and the unique needs of carriers seeking recovery.
Leading Results and Record of Success
Attorney Kelsea Eckert has provided legal representation in trucking since 1988. Our proven track record spans decades, giving you confidence in our ability to deliver recovery.
Contingency-Based Fees
No recovery, no fee. We're motivated to move fast and collect on your claims. Our interests align perfectly with yours: maximum recovery in minimum time.
National Subrogation Services Coverage
We pursue recovery through litigation in all 50 states through a network of vetted local counsel. Our national subrogation services cover claims wherever your insureds operate in the U.S., handling cases in federal courts when necessary.
Data-Driven Transparency
Regular recovery reports, file summaries, and performance metrics for your leadership dashboard. Our proprietary system provides the transparency and accountability the insurance industry demands for managing subrogation claims.
Well-Versed in Insurance Operations
Our subrogation professionals understand insurance operations from the inside. We've worked within the insurance industry and know how to integrate seamlessly with your processes, systems, and culture.
Leading Partner with Track Record
Our record of success speaks for itself. We consistently achieve high recovery ratios on truck property claims, demonstrating our effectiveness as a leading partner providing national services.
Our Approach: Investigation-Based, Provable, Effective
In-Depth Review & Investigation
Every subrogation case begins with thorough investigation:
- Police reports and accident reconstruction
- Witness statements and driver interviews
- Photographic and video evidence review
- Scene investigation when necessary
- Expert consultation on technical subrogation issues
- Liability analysis under state and federal laws
Investigation by the firm’s attorneys ensures we understand exactly what happened and who was at fault before making demands on responsible parties.
Proper Valuation and Analysis
We don’t rely on quick estimates. Our analysis includes:
- Detailed repair invoice review and validation
- Parts pricing verification and market comparisons
- Total loss valuation using multiple data sources
- Diminished value appraisals when appropriate
- Rental and replacement cost documentation
- Loss of use calculations based on actual operations
Out-of-pocket expenses itemization
Accurate investigation and analysis ensures maximum recovery and defensibility against challenges from at-fault parties.
Clear, Streamlined Demands with Provable Damages
Our claims feature:
- Executive summary of liability and damages
- Chronological timeline of events and repairs
- Organized evidence supporting each element of the subrogation case
- Clear calculation showing how we arrived at demand amount
- Anticipation and rebuttal of likely defenses in subrogation matters
- Professional presentation that commands respect from responsible parties
These demands produce higher settlement rates and faster resolution than generic demand letters in the subrogation process.
Timeline Clarifications and "After" Documentation
We meticulously document:
- After the accident: Immediate steps taken, evidence preserved
- After towing: Storage timeline and costs incurred
- After repair authorization: Shop selection and estimate process
- After parts ordering: Delays and backorder documentation
- After repairs completed: Final invoice and vehicle return
- After mitigation efforts: Rental searches and alternative arrangements
This “after” timeline clarity demonstrates the progression of losses and supports the reasonableness of all claims, especially important for out-of-pocket expenses and loss of use claims.
Lines of Business We Support
Commercial Auto Insurance
Primary focus – Trucking and fleet commercial auto policies
Coverage types – Liability, physical damage, uninsured/underinsured motorist
Recovery services – Property damage, liability claims, UM/UIM reimbursement
Commercial Property Insurance
Equipment coverage – Vehicles, tractors, trailers, buses, tow trucks, and specialized equipment
Business property – Facilities, cargo, and inventory
Recovery services – Fire, theft, vandalism, and casualty losses
General Liability
Premises liability – Loading docks, facilities, maintenance locations
Operations liability – Claims involving loading companies, maintenance companies, and service providers
Recovery services – Reimbursement when your insured faces liability but third parties share fault
Cargo Insurance
Freight claims – Damaged or lost cargo in transit
Recovery services – Reimbursement from at-fault carriers, drivers, or facilities
Coordination – Working with cargo insurers and freight brokers
Managing Claims with Our Systems and Technology
Proprietary Platform with Cutting Edge Technology
Our system includes:
- 24/7 portal access - View status of all cases anytime
- Automated reporting - Scheduled reports on pending, collected, and closed files
- Document management - Secure storage and retrieval of all claim documents
- Communication tracking - Complete history of all interactions with responsible parties
- Analytics dashboard - Performance metrics and trends
- Integration options - API connections to your claims management system
Compliance and Security
- Data security - Bank-level encryption and secure data centers
- Compliance - HIPAA, state privacy laws, and insurance industry standards
- Audit trails - Complete documentation of all actions and decisions
- Quality control - Regular file reviews and quality assurance processes for the subrogation and recovery practice
How to Get Started
Step 1 Initial Consultation
Contact our team to discuss:
- Your current recovery ratios on transportation lines
- Challenges you’re facing with commercial auto recovery
- Volume and types of
- claims you handle
- Your goals for improving performance
Free portfolio review available for qualifying carrier partners
Step 2 File Review for Potential
We’ll review sample files to:
- Identify missed opportunities and subrogation issues
- Assess current documentation quality
- Recommend process improvements
- Estimate potential recovery increase
Step 3 Agreement and Integration
We establish:
- Fee structure and payment terms for subrogation and recovery services
- File referral process and criteria
- Reporting requirements and frequency
- Communication protocols and contacts
- Technology integration if desired
Step 4 Training and Launch
We provide:
- Training for your adjusters on referral process
- Educational sessions on transportation recovery
- System access and training on our platform
- Initial file transfers and intake
Step 5 Ongoing Partnership
We deliver:
- Regular recovery on referred files
- Transparent reporting and communication
- Continuous process improvement
- Additional training and education as needed on subrogation issues
Our subrogation team operates as an extension of your department, not a replacement. Our systems are built for partnership, communication, and compliance with your company’s standards within the insurance industry.
Let's Talk About Your Recovery Goals
Whether your backlog is growing, or you’re seeking higher ratios on truck property damage and liability claims, Eckert & Associates, P.A. is ready to help.
Free portfolio review available for qualifying carrier partners
Partner With Specialists Who
Understand Commercial Transportation
Did You Know?
Eckert & Associates has deep industry involvement. We are:
- Involved in several trucking organizations
- Continuing education provider for the insurance industry
- Regular contributor on recovery issues and policies
Insurance Carriers and TPAsFrequently Asked Questions
We handle claims in volume and can work small-dollar files economically due to our efficient systems and processes. Many carriers find that we recover on files they would have closed due to lack of internal resources.
When subrogation litigation is necessary, we partner with locally licensed professionals in our nationwide network. Our firm monitors files throughout, providing continuity and serving as a one-stop shop for claims from start to finish in state and federal courts.
Absolutely. Our subrogation professionals integrate with your team as an extension, not a replacement. We follow your guidelines, use your forms when appropriate, and communicate according to your preferences.
We provide regular reports on pending and closed files, including:
- Recovery amounts and timelines
- File status updates
- Aging reports on open cases
- Performance metrics and trends
- Custom reports based on your needs
Yes. We offer continuing education sessions on various recovery topics, customized to your needs. These can be delivered in person, via webinar, or as recorded modules for your training library.
Most straightforward subrogation claims resolve within months. Complicated cases with disputed liability or litigation can take 6-18 months or more. We work to expedite recovery while maximizing results.
Our exclusive focus on the trucking industry gives us specific knowledge and experience that generalist firms lack. We understand operations, equipment valuation, loss of use calculations, and the unique challenges of commercial vehicle recovery. This produces better results for carriers writing transportation lines.
This page describes our legal representation services for carriers, TPAs, and self-insured entities seeking subrogation and recovery services.
It does not create an attorney-client relationship. Contact our law firm to discuss how our team can benefit your organization.