Rescue Your Revenue

Don’t Let Inaction Hurt Your Claim: Why Mitigation Matters in Downtime Recovery

When your truck is out of service after an accident, time is your biggest enemy. Every day parked means lost miles and lost income. But while you can’t control repair times or insurance delays, you can control one thing: how you respond. Taking the right steps after a crash can make all the difference in protecting your downtime claim.

What “Mitigation” Really Means for Truckers

In plain terms, mitigation is about showing that you did your part to reduce losses. Insurance companies want proof that you tried to get back on the road as quickly and responsibly as possible.
 
That means you can’t just park your rig, wait, and expect full compensation. You need to show action, making repair arrangements, ordering parts, or even renting equipment if practical.

Why It Matters

When adjusters review your claim, they’re looking for signs that you acted reasonably. If you don’t show attempts to limit losses, insurers may argue that some of your downtime was unnecessary and deny part of your payment.
 
In short, mitigation protects your claim’s credibility. The more evidence you can provide of your efforts, the stronger your case.

How to Prove You Mitigated Losses

Here are a few ways to demonstrate that you took reasonable steps: 

• Document communication with repair shops, insurers, and brokers. 
• Keep receipts and estimates for repairs, towing, and rentals. 
• Show evidence of follow-ups (calls, texts, or emails) to check repair progress. 
• Avoid unnecessary delays, like waiting weeks to order parts or approve repairs.
• Prove why you couldn’t rent a replacement truck or trailer, such Motor Carrier rules, no equivalent equipment, or rental denials.

These simple steps show you weren’t sitting idle you were actively working to get back on the road.

Real-World Impact

Imagine two drivers: both suffer the same accident. One calls the shop immediately, documents every repair update, and follows up regularly. The other leaves their truck parked for weeks before contacting anyone.
 
Who do you think gets their downtime claim approved faster? The driver who acted.

The Takeaway

Mitigation isn’t just about doing the right thing; it’s about proving it. Being proactive protects your income and strengthens your case when insurers question the length or reasonableness of your downtime.

Protect Your Claim, Protect Your Income

If your truck was sidelined by an accident and your downtime claim is being questioned, don’t wait. The attorneys at Eckert & Associates, P.A. can help you document your losses, defend your actions, and recover what you deserve. 
 
Call 1-800-DOWNTIME or visit DowntimeClaims.com for a free consultation today.

The information in this article is general in nature and is not intended as legal advice.