Learn to Strengthen Your Claim

Down After an Accident? Strengthen Your Claim

By: Kelsea Eckert
Posted: May 15th 2025 2:00AM

You're parked at a rest area, taking a well-earned break between loads. Suddenly-CRUNCH!-another driver misjudges their turn and smashes into your cargo van. You hop out and find the front of your vehicle badly damaged. You know right away: you're going to be down for a while. And when you're not rolling, you're not making money.

At first, things look okay. The at-fault driver admits it was their mistake. They're insured. After a few calls, the insurance company agrees to pay for repairs. Your vehicle is hauled to the shop, and after a couple of weeks, you're back in service.

But what about the time you were parked, waiting on repairs instead of making deliveries?

Can You Get Paid for That Lost Income?

In most states, yes. That lost time is called downtime, and you may be entitled to compensation. Some insurance companies will pay fairly for it-but many will lowball you or deny the claim altogether. The good news is, there are smart steps you can take right away to boost your chances of a solid payout.

5 Ways Expediters Can Strengthen a Downtime Claim

1. Document Everything from the Start

As soon as the crash happens, keep a running log. Note who you speak with, when, and what's said. Track every step-from your calls to the shop to communication with insurers.

Why: It shows you're serious and staying on top of things, which helps your credibility.

2. Save Every Email and Text Message

Confirm important conversations in writing. If someone at the shop says parts are delayed, email them a quick summary and ask them to confirm.

Why: A written trail is powerful evidence in a claim dispute.

3. Communicate with the Repair Shop

Check in regularly with the shop. If repairs are delayed, ask why and get it in writing-especially if the hold-up is due to parts, labor shortages, or insurance approvals.

Why: You'll need to show that delays were out of your control.

4. Try to Find a Replacement Vehicle

If your carrier allows it and a rental or loaner is available, take it-and save the receipts. Even if it costs more than usual, showing that you tried to stay on the road is key.

Why: Most states require you to "mitigate" your losses-meaning you must try to reduce how much you lose.

5. No Replacement Vehicle? Prove Why

Expediter vehicles often have custom shelving, insulation, or sleeper berths. If your setup isn't easy to replace, document it. Also, get a written statement from your carrier if they won't allow rentals.

Why: The insurer needs proof that renting wasn't realistic for your operation.

Final Thoughts for Expediters

When you're sidelined, you're not just missing loads-you're losing valuable time in a fast-paced business. Unfortunately, many insurance companies don't hand over fair downtime payments without a fight.

Keep detailed records. Follow up in writing. And if you hit a wall, talk to an attorney who understands trucking and expediting claims.

You shouldn't have to chase what you're owed alone.

This article provides general information and is not legal advice. For guidance specific to your situation, consult a qualified attorney.

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