Supplemental Damages Filings – Do’s and Don’ts

Image of a damaged blue carPlease consider the following before filing to recover supplemental damages in TRS.

Do
  • Only add the new damages being sought.
  • Attach evidence to support the new damages, as well as evidence from prior filing regarding damages. Ex: Sometimes, Rental is sought and the arbitrator needs the repair estimate, submitted on the initial filing, to verify the rental period.
  • Recovering Party: Add a payment received from a responding company related to the new damages sought.
  • Responding Party: Add a payment made to the recovering party related to the new supplemental damages sought.
Don’t
  • Include damages previously sought in the initial filing.
  • Add a payment received (recovering party) or payment made (responding party) related to the damages sought on the initial filing.
In short, supplemental filings are specific to the new damages sought. Any information presented should be related to these new damages. The exception is evidence pertaining to the prior damages, which may be useful.
 


Article published in: October 2020 E-Bulletin