Don't Make It Worse: How Mitigation Protects Your Downtime Claim

Something many truckers don't realize: if you don't take the right steps to lessen those losses, you could lose your right to recover them later.

That's called "mitigation of damages", and it's one of the most common reasons insurance companies deny or reduce downtime claims.

What Does Mitigation Mean?

In simple terms, mitigation means doing what you reasonably can to reduce your financial loss after a crash.

If your truck's repair shop says parts won't arrive for two weeks, you can't just sit idle and expect the insurance company to pay for every day lost - not without proof that you tried to limit your losses.

Examples of mitigation:

• Trying to rent a replacement
• Calling other shops to compare repair timelines
• Documenting part shortages or backorders
• Keeping communication records with your insurer and repair shop

If you show you made an honest effort to get back on the road, your claim stands stronger.

Why Insurance Companies Care About Mitigation

Insurance adjusters look for reasons to deny claims, and failure to mitigate is one of their favorites.

They'll argue that your truck was sitting longer than necessary or that you could've rented a replacement rig.

Your best defense? Documentation.

Keep every email, repair quote, and text message that shows you were actively trying to get back to work.

How Eckert & Associates Helps

At Eckert & Associates, P.A., we've helped hundreds of truckers prove their downtime losses and overcome the "failure to mitigate" argument.

Our legal team knows how to organize your repair records, estimate fair downtime, and fight back when the insurer blames you for their delays.

Don't let an adjuster twist the story; we help make sure your hard work and documentation speak louder.

Stay Proactive, Stay Protected

You can't stop every breakdown or accident, but you can protect your right to recover.
When you take steps to mitigate losses and keep the records to prove it, you're not just saving your claim; you're securing your business.

Get Help With Downtime Claims

If your truck has been sitting after an accident that wasn't your fault, don't wait.
The team at Eckert & Associates, P.A. can help you recover what you've lost, fairly and fully.

Call (904) 278-7688
Visit DowntimeClaims.com