Can i get downtime compensation from the other company??

Asked about 2 years ago - Houston, TX

One of my truck was parked at the truck stop and was hit by another driver. Other driver recieved a ticket for careless driving. Now the truck is going to be out for several weeks and we had to sent another driver to make delivery. Our expenses are acumulating every day and i will like to know if we can request for downtime compensation.

Attorney answers (3)

  1. Daniel David Horowitz III

    Contributor Level 14

    5

    Lawyers agree

    Answered . Yes. It's technically called loss of earning capacity. Keep track of your out of pocket expenses associated with the tractor being out of service, list of any jobs you couldn't take, etc and submit to other company or it's insurance for reimbursement.

  2. Coby L. Wooten

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . Yes you are entitled to damages for loss of earning if you can prove them. You will most likely have to show how many jobs you lost or a history of earnings so that they can calculated forward to get an idea of how you can claim. As usual if you have any questions you should consult with an attorney
    Thanks
    Coby

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You may find it helpful to review the Legal Guides I have published on Avvo.com, one of which deals with different elements of damages. You can access these Guides through my profile page.

    One of the elements of damages is "loss of use". If you can prove damages flowing specifically from the loss of use of the vehicle, they should be compensable. If there is a considerable amount of money involved here, you may wish to involve your company attorney or perhaps a "public adjuster" to assist you with your claim.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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