We represent the transportation litigation and subrogation needs of dozens of trucking companies, motor carriers, and the fleet industry in general, both domestic and international. This includes the aggressive pursuit of loss of use/lost profit/downtime claims for both commercial fleet vehicles as well as individual owner-operators and drivers.
MWL is the leading loss of use/downtime law firm in the nation. Our firm publishes the 50-state survey on loss of use claims, a top resource used by industry professionals in determining recovery potential on claims. Our attorneys are extremely respected in this field and our adversaries know that our demands come with the weight of countless verdicts in our favor.
Many companies give little weight to loss of use claims and some fail to even pursue recovery of these damages. Every U.S. state allows for recovery of downtime, though some states vary in the extent such claims will be recoverable. For example, states vary in whether they will allow loss of use when a vehicle has been totaled or when a replacement vehicle was never obtained. States may also vary as to the evidence needed to claim actual lost profits, rather than the cost of a replacement rental vehicle. MWL has litigated hundreds of downtime claims and successfully recovered millions of dollars for trucking companies and owner-operators.
MWL has been retained by several major commercial auto carriers to build loss of use recovery programs. We have built these programs from the ground up and assisted our clients in creating an effective and potent recovery program. We stress that these are viable damages and should be considered by adverse parties as equally supported as those involving damage to the property itself. If your company has had trouble recovering on loss of use/downtime claims, then contact us and we will help you put together a targeted program.