Did someone damage your tow truck? Go after them for your lost income! When your commercial equipment isn’t working, you’re losing money. The at-fault party should pay for your repairs, downtime, diminished value, and all other out of pocket expenses in most states. This is true whether it’s an accident on a highway, parking lot, or even a faulty mechanical repair.
You’re in business to tow, not handle claims. If you need help, find a transportation law firm that can handle this portion of your business and keep you on the road.
Here’s a typical downtime scenario:
You own three very busy tow trucks. A bad driver slams into your best wrecker. It’s a heavy duty rig, so it’s no simple task to rent a replacement. The body shop says it will be at least three weeks before you get this truck back in service. You see your profits going up in smoke. You may even lose one of your contracts and the driver who normally mans this truck. What do you do from here?
File a Claim Against At-Fault Driver’s Insurance
No one likes an insurance claim on their record. Wherever possible, file a claim instead with the at-fault driver’s insurance. If liability is clear, they will often agree to pay for repairs. However, they may not agree to pay anything on your downtime losses. Oftentimes, an adjuster will say you can’t get lost wages because you’re not injured. Many adjusters don’t understand the difference between lost wages and downtime losses (also called loss of use, lost profits, and business interruption losses). Clarify to the adjuster that your business is losing money while the wrecker remains in the repair shop. Even after your valid explanation, the adjuster may only offer you the cost of a rental, not your true lost income.
Rentals & Mitigation
Finding suitable tow equipment to rent can be difficult, if not impossible. It’s not like you can go to the nearest Enterprise or Penske to get a heavy duty wrecker. Even if you’re lucky enough to find similar rental equipment, a huge deposit might be required or the equipment is thousands of miles away. Sometimes the large daily rental rate may not make financial sense for your business. Adjusters often throw up road blocks saying you haven’t mitigated your losses and therefore will pay little to no money towards a rental or lost income.
Recover Lost Profits
You don’t have to accept an adjuster’s initial settlement offer. In most states, you may be entitled to your actual lost profits when a replacement vehicle isn’t available or doesn’t work financially. Contact an attorney who can back you up and go for your true losses. Law firms like Eckert & Associates, PA will work with you from day one to make sure you do and say the right things to protect your interests and get the money you deserve.
A Partner to Ensure You Don’t Leave Money on the Table
Find an attorney who will calculate and create a demand package that clearly establishes your equipment’s losses. Lawyers should negotiate with the adverse, the adjuster and their lawyer to convince them of your true lost profits. The law firm of Eckert & Associates, PA has decades of experience handling these claims and the information is put into a format and language insurance adjusters understand.
Recently, clients William and Constance Christy said, “I would recommend dealing with Eckert & Associates to anyone looking for downtime compensation. They save you the time and aggravation of trying to deal with the at fault party’s adjuster yourself.”
You may be thinking, how am I going to pay for an attorney when I’m already losing money? Great news! Eckert & Associates, PA charges nothing for a consultation and works on a contingency fee basis instead of an hourly fee basis. This means they only get paid if they collect for you.
According to client Donald A. Faulkner, Jr., “Eckert & Associates performed as advertised! Courteous, professional and won my case.”
When you get frustrated with the process and want a law firm to back you up, call 1-800-DOWNTIME for a free consultation.
