Rescue Your Revenue

Legal Steps in a Claim: Lessening Your Losses

When you’re an expediter, time isn’t just money—it’s everything. Your freight is time-sensitive, your clients expect quick delivery, and your rig is your livelihood. So, when you’re sidelined by someone else’s negligence, every hour your truck is down hits hard. You might expect the at-fault party’s insurance company to pay for your downtime without a fight, but they’ll often throw around a word that could make or break your claim: mitigation.

So, what does mitigation mean, and how does it affect your downtime claim?

What Is Mitigation?

In simple terms, mitigation means taking reasonable steps to reduce your financial losses after a crash. Insurance companies love this word because it’s often used to deny or reduce claims.

Let’s say your truck is down for 20 days. If the insurance company thinks you didn’t do enough to get back on the road sooner, they might argue you failed to mitigate your damages, and they’ll try to avoid paying for all or part of your downtime.

Common Mitigation Issues for Expediters

Expediters often face unique challenges that insurance companies don’t understand—or conveniently ignore:

Specialized Equipment Delays

You may need specific parts or service that take longer to get. If your truck is customized for your expediting business, it’s not always a quick fix.

No Easy Substitute

Renting a comparable truck isn’t always feasible. Expediting often requires a specific type of vehicle, setup, and operating authority that can’t be replicated overnight.

Limited Shop Options

Not every repair shop can handle expedited trucks or do the job quickly and correctly. Choosing a quality shop—even if there’s a wait—is often smarter (and safer) than rushing back with a shoddy fix.

What You Can Do to Show Mitigation

To protect your claim, it’s important to document your efforts to get back on the road:

• Keep all repair estimates, parts orders, and correspondence with the shop. This helps show you were on top of the process.
• Communicate regularly with the repair facility and keep notes of what they tell you.
• Look into rental options (even if they don’t work for you) and note why a rental wouldn’t be feasible.
• Stay in touch with your clients and carriers to show your eagerness to return to service.

Mitigation doesn’t mean you have to fix your truck immediately at all costs. It just means showing that you acted reasonably under the circumstances and tried to find ways to keep your business rolling.

Don’t Let the Insurance Company Twist the Story

At Eckert & Associates, we work with expediters every day. We understand that when you’re not driving, you’re losing more than income. You’re risking relationships, contracts, and future work. We help show the insurance company what reasonable mitigation looks like in your world, not theirs.

If you’ve been in a crash and you’re fighting for your downtime, don’t go it alone. Contact us at (904) 278-7688 for a free consultation, and let’s talk about how to protect your claim and your business.