Rescue Your Revenue

Going to Court for Expediter Downtime Claims – Worth It?

When your expediting van is out of service due to an accident that wasn’t your fault, sitting parked for repairs can quickly drain your income. Every day off the road means missed loads and lost opportunities. While insurance companies may offer settlement checks for repairs and downtime, these offers are not always fair. So, should you take the offer or head to court?

When Litigation May Be the Right Choice

• Clear Liability – If the other party is obviously at fault, supported by a police report, dashcam footage, and repair documentation, your claim is stronger.
• Unreasonably Low Settlement Offers – If the insurer undervalues your loss despite solid evidence, taking the case to court may be worth it.
• Significant Financial Losses – If your van was down for weeks or months, the financial hit can be severe. Litigation might be necessary to recover the full amount.

When Settlement May Be the Better Option

• Time and Expense of Litigation – Legal cases can take months or even years, and court costs, expert fees, and attorney fees will reduce your final payout.
• Smaller Claims – For short downtime periods, the cost of litigation may outweigh the potential recovery.
• Need for Immediate Payment – If you need cash fast to get back on the road, a quick settlement may be the better move.

Documentation Is Key

Whether you settle or litigate, detailed records are your strongest weapon:

• Proof of income, including load history and rate confirmations
• Repair invoices and estimates
• Photos of damage and repair progress
• Proof of mitigation efforts (such as trying to find temporary replacement work)

The better your documentation, the stronger your position in negotiations or court.

Final Consideration

Litigation can result in higher payouts for expediters, particularly in cases with substantial evidence and significant financial losses. But for smaller claims or when cash flow is urgent, settlement may be the practical choice. Before making a decision, speak with an attorney who understands expediter-specific downtime claims so you can make the best choice for your business.

Settle or Litigate? We’ll Guide You Through Your Downtime Claim

Need help deciding whether to settle or litigate your downtime claim? Contact Eckert & Associates, P.A. at 1-800-DOWNTIME and visit our website: DowntimeClaims.com today for a free consultation. We understand the expediting industry and know how to fight for what you deserve.

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