Running an ice cream van business means every vehicle counts — especially in the peak summer months. Our instructing client runs a fleet of 20 vehicles so, when one of their vans was written off in a non-fault collision, they were left short-handed during their busiest time of year and running at 95% capacity. We stepped in to help them secure the compensation they were entitled to.
The situation
After the collision, the van was confirmed as a total loss in April by their comprehensive insurance provider, receiving the payout for the vehicle’s value in May, and thus our client wasn’t able to obtain a replacement until late June. This left them a van down during their peak season, creating a serious gap in their business.
Each van in their fleet is allocated to an individual operator, so there was no spare capacity to cover the shortfall and, although the insurer paid for the written-off van, the business still suffered an inevitable lost income during those crucial months.
Timeline of events
- Collision: Ice cream van written off.
- Initial claim: We were requested to claim “loss of sales” using the company’s financial records for prior periods.
- Our revised claim: We recalculated the claim as loss of profits using monthly average profit per van over the vehicle off road period – clearly there was stock and other expenses not incurred, so loss of sales was not the correct methodology.
- Pushback: The defendant insurer, via their forensic accountants, demanded more detailed records for the specific van, even for months when it wasn’t in use.
- No agreement: Despite sharing extensive financial documents, no settlement was reached and given the impasse. Our client instructed us to issue court proceedings to instigate a reasonable settlement.
- Court process: The insurer argued there was no loss due to the subsequent months achieving higher sales than the April in question, even with the damaged vehicle being off the road.
- Our response: Obviously, ice cream sales increase into the summer months – our point being that they would have increased further still with the availability of another vehicle selling ice creams.
- Defendant argument: Defendant representatives also argued that sales in the year of loss were up on the previous year, therefore no loss was incurred.
- Our evidence: We evidenced that the vehicle fleet was increasing, and therefore turnover would increase regardless and would have increased more with an additional vehicle.
- Our proposal: We therefore proposed that the correct method to calculate the loss would be the profit per vehicle for the period in question and apply that to the vehicle that was damaged, for the period it was unavailable.
- Resolution: The insurer’s solicitors could not argue against our evidence. In August 2025, they offered to settle the claim in full.
How we helped our client’s case
We guided our client every step of the way:
- Adjusting the claim to the correct legal basis (loss of profits)
- Presenting clear, fair calculations that reflected the seasonal nature of the business
- Anticipating the insurer’s arguments and providing strong evidence to counter them
- Staying persistent until we achieved a full settlement.
The result: Our client received the compensation they deserved — and could put the impact of the collision behind them.
A note from Connor Thrippleton
“The financial burden of losing an ice cream van on approach to the peak of their season no doubt brought difficulties to the client. By operating with a depleted fleet there was of course a certainty for a loss of sales and of profits. The assessment of the loss provided by the forensic accountant suggesting that there was no evidence that a loss had occurred proved to be incorrect, as the written off vehicle would have no doubt generated profits within those months. Using logic and reason we were able to adjust our stance and present a valid and evidenced claim that accurately depicted the company’s losses.
We were pleased to make a full recovery for the loss of profits. This meant that any potential lost business that the client had suffered had been remedied.”
Working with us
If you’re interested in discussing whether your business could be owed for hidden losses, please don’t hesitate to contact our team today. Being specialists in ULR, we understand the reach of the impact caused when a vehicle is unable to be used as usual, and how this can affect the profitability of a business. This is why we’re dedicated to making sure every opportunity for loss recovery is explored thoroughly.
Contact our team today if you wish to discuss how we could help your business. Call us free on 03300 945 100.
Author: Connor Thrippleton