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Tractor Talk Discussion Forum

Lost Load!!! Part Two

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T_Bone

11-30-2005 16:15:19




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Well your not gonna believe this. My insurrance says there not going to pay for the accident damage.

Each person involved will have to collect there damages from there own insurrance company as I was not negligente to cause the accident. Why?

I made ever effort to contain the tanks with-in my vehicle by tieing them too my vehicle. It has no bering on if the strap broke or came loose holding the tanks or if I did not tie the tanks correctly.

Had I not tied the tanks down, then I would be negligente just like I had ran a stop sign or was speeding.

The adjuster stated this would no different as if a rock flew into a winshield that my tire picked up from the roadway or a piece of road debrie that the other person hit. In this case each person would pay for there own damage.

Are our screwy laws really this bad???

T_Bone

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Hugh MacKay

12-02-2005 02:33:14




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 Re: Lost Load!!! Part Two in reply to T_Bone, 11-30-2005 16:15:19  
T_bone: If you were a commercial trucker, your driving career would be over. There is no forgivable excuse for any part of the load falling off a truck, and it makes no difference how large or small that truck is. Your cavalier attitude on this matter, tells me you are one bird that should be off the highways.



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T_Bone

12-02-2005 10:46:25




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 Re: Lost Load!!! Part Two in reply to Hugh MacKay, 12-02-2005 02:33:14  
Excuse me Hugh??? I think you took what I stated the wrong way.

I've always felt like this was my fault. The insurrance company was first trying to take it as not being my fault. I replied I thought that was unfair and assumed that the insurrance company had some law to back up them not wanting to pay hence my statement "are our laws that really screwed up"

My next post said that the insurrance company reassigned my case to a field agent that was going to pay for the damage. I then made the comment;
" finally someone with some common sense" as I was happy the ins co wasn't going to stiff the other drivers.

So how could you take that to be cavalier?

T_Bone

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Hugh MacKay

12-02-2005 13:09:50




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 Re: Lost Load!!! Part Two in reply to T_Bone, 12-02-2005 10:46:25  
T_bone: I must admit my words were not well chosen, my apologies. Send me off an e mail, there is something I must tell and this doesn't need more publicity. My e mail is exposed.



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T_Bone

12-01-2005 16:25:49




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 Re: Lost Load!!! Part Two+++UpDate in reply to T_Bone, 11-30-2005 16:15:19  
A new "field" adjuster called and said they were going to pay. The office adjuster didn't know what she was talking about. Although He said they could take that approch, I would be probably getting sued in which the insurrance company was obilgated to represent me so it was a no brainer not too pay and avoid court.

Finally someone with some common sense!

T_Bone



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JT

12-01-2005 15:39:13




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 Re: Lost Load!!! Part Two in reply to T_Bone, 11-30-2005 16:15:19  
Good luck, my friend. In Illinois, if your tires pick up a rock, and the person in the vehicle that the the rock hits calls their insurance company and gives them a license number, they can and will file a claim against you and your insurance company. I had that happen once, was heading south on the interstate at 65-70 MPH, minding my own business and this woman comes up beside me, motions me over, I being gullible, thinking she had trouble, puled in behind her, she informed me that my truck had picked up a rock, dented the hood of her minivan and rboke the windshield and would be contacting her insurance company and/or the law. I could give her my name and insurance company or she would give the law my license number and file a complaint. long story short, my insurance company called me, I told them, could be me, could have been one of a hundred other vehicles on the road at the time, they paid over $1500.00 to fix her van. I think, in Illinois, you are also responsible if you loose a load off of a truck, so I hope all works out for you.

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Mike (WA)

12-01-2005 08:18:15




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 Re: Lost Load!!! Part Two in reply to T_Bone, 11-30-2005 16:15:19  
The key here is whether you were negligent- without negligence, you are not liable for damages. In court, things like size of strap, whether strap appeared to be damaged when you tied it down, whether you tied it down correctly, would all be examined. Experts would testify as to whether strap was heavy enough. Sounds like the adjuster told the company that there didn't appear to be any negligence, so in their minds, its "end of story". Insurers of the other drivers could take exception, and sue- but probably won't, because insurance companies are all in the same boat when it comes to litigation costs- to keep those costs down, most companies will take a modest hit, even if they're pretty sure they could have won in court. They all know that next time, roles could be reversed. It balances out in the end.

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John (C-IL)

12-01-2005 05:53:51




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 Re: Lost Load!!! Part Two in reply to T_Bone, 11-30-2005 16:15:19  
What will most likely happen is that everyone else's insurance company will pay the claims and then their insurance companies will come after your insurance company and/or you to be reimbursed. Be sure to check with your insurance company to see if they are going to defend you if you get sued.



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Mydeere

12-01-2005 05:49:15




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 Re: Lost Load!!! Part Two in reply to T_Bone, 11-30-2005 16:15:19  
T_Bone,I'm not so sure your Adjuster is correct. There is a diference between your tire kicking up a stone and something falling off of your truck. If it was on your truck then you are in custody of it which means you are responsible for it. Thats why the Trooper gave you the ticket. Now the difference comes into play in that you were not negligent becuase you made the effort to secure the load but you are liable because your strap failed and the load left your vehicle. Because you are still liable for the accident your insurance should be responsible for the damages. You may want to review your policy and then consult with an attorney. The last thing you want is for the insurance company to abandon you and then one of the other parties gets frustrated trying to collect and decides to file suit against you. Good luck with it and let us know how you make out.

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VaTom

12-01-2005 04:08:14




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 Re: Lost Load!!! Part Two in reply to T_Bone, 11-30-2005 16:15:19  
T_Bone, still having fun I see...

My experience was my van burning. It caught a visiting friend's pickup on fire. The adjuster asked if I was negligent. Nobody was around, no idea how the fire started, so nope, not negligent.

When I told them my van damaged the pickup, they finally told me about a "moral" exception. As in, if you feel morally obliged, they'll cough up a little money. $500 was the limit, but it was enough for trim and paint for the pickup with a little beer money left over. Looked pretty good when we finished.

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john in la

12-01-2005 03:25:24




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 Re: Lost Load!!! Part Two in reply to T_Bone, 11-30-2005 16:15:19  
That sounds like a insurance company ploy to get out of paying.
Anything can happen in court and takes time. All the while the insurance company is got the money in the bank drawing interest.
Federal law says you need to restrict all loads from shifting or falling off. If you use the wrong size strap; do not tie it down correctly; the strap breaks; or what ever; if the load falls off your truck it is your fault.

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bcPA

12-01-2005 20:00:07




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 Re: Lost Load!!! Part Two in reply to john in la, 12-01-2005 03:25:24  
I agree with john. Law says you must properly secure your load. If it falls off then It was not properly secured no matter how many chains or binders or how high the quality of those items to secure the load.



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skipper

11-30-2005 19:14:39




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 Re: Lost Load!!! Part Two in reply to T_Bone, 11-30-2005 16:15:19  
Ok, now I already know this sounds goofy, but here, I think if it comes ditectly off the truck and hits, it is the truckers fault. If it hits the road and bounces up, then it is like road debri and the trucker is off the hook. If it would end up in court, - who knows??? It does seem like if the cop gave the trucker a ticket he would get the liability, though. If no ticket, then I could see the insurance company saying "tough" to the other cars.

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Bret4207

11-30-2005 17:32:37




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 Re: Lost Load!!! Part Two in reply to T_Bone, 11-30-2005 16:15:19  
That sounds like an insurance company decision or policy, rather than law. But each state is different, so maybe it's so.



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Bob/Ont

11-30-2005 17:07:31




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 Re: Lost Load!!! Part Two in reply to T_Bone, 11-30-2005 16:15:19  
The adaje is T Bone, that they should have had their vehicle under control as to be able to stop and avoid it. If a piece of your truck came off that would be another story, unsafe vehicle. I think everyone was lucky, just property dammage.
Later Bob



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Nat

11-30-2005 17:03:54




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 Re: Lost Load!!! Part Two in reply to T_Bone, 11-30-2005 16:15:19  
T-bone, here in NC if you tire slings a rock and breaks someones windsheild you are not liable, but if something falls off the truck, you are. We now have to put a load cover on our trucks before we can leave the quarry with a load of rock, for the same reason I expect, so that the ins co. isn't liable. BTW, a few years back I saw a load of lumber shift and fall off a semi and crush the little car riding beside it. The auto driver just happened to see it coming and layed down in the seat, never even got hurt. I wonder if the ins. Co. would have been liable if he had been killed? It looks like it is going to cost you enough as it is so hopefully that will be the end of it, later, Nat

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