accident damage claim

Discussion in 'Experienced Truckers' Advice' started by bigdad7, Sep 6, 2013.

  1. bigdad7

    bigdad7 Road Train Member

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    Ok back story am driving a century with 1.5 mil miles ony first trip with new carrier was hit by driver asleep at wheel
    His words to the cops not mine
    Ambulance behind me stopped and gave a statement now the fun part this is ca and i signed up for physical damage at carrier plus my insurance. With ooida has not expires my carrier suggested i put truck in body shop they use and subjegate claim ooida said might want to deal direct with other party insurance or can deal with them too
    Allready 700 for hazmat and roadcall to isolate the ruptured tank and fuel parts through dealer should be about 4 k min not painted 1400 is for door that got dinged so might b a tad inflated but it seems to me we are very close to book value

    Question is should i deal with ooida my carrier and their pd policy or try to cut a deal with other ins direct and other party was a company pu with commercial ins

    And for the record this sucks
     
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  3. RJC

    RJC Bobtail Member

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    I would deal with the other parties insurance company, and if not satisfied get yours involved.
     
  4. bigdad7

    bigdad7 Road Train Member

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    Nope going attorney route had major back sirgery 14 yrs ago now area around scar hurts like heck and is swollen. Lucky me
     
  5. 68Goat

    68Goat Light Load Member

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    It does suck!
    RJC is right. Deal with the other parties co. Make sure you have ducks in a row. Be able to prove what you make each week in a year and volunteer the info. directly to the other parties insurance with paperwork proof (bank statements/tax docs). Be able to prove gross income minus fuel costs per truck and kindly tell them that they have to not only repair your truck with GENUINE OEM parts but they also have to pay you a fair wage BASED on the past year or two records. You might be surprised that if you present your case correctly and politely, the other parties insurance co. might just cut you a check for the entire amount and be glad to not have to deal with your/an attorney.
     
  6. bigdad7

    bigdad7 Road Train Member

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    That was my plan til i realized how swollen mt back was very afraid my back surgery got undone so of to ortho soon as this load delivers mon ......last surgery cost me 100k in medical and a really rough year in recovery i so dont want to do this again and that was 14 years ago hate to think what it would cost to redo it
     
  7. Saddletramp1200

    Saddletramp1200 Road Train Member

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    We So Sorry, Limit 10 yrears, U Screweed pappason. Always get a real lawyer. Not some Bozo someone at a truck stop paper. I can help! I.B.Good, trucking the law. Other drivers, don't fall for that mess.
     
  8. bigdad7

    bigdad7 Road Train Member

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    What do ten years have to do with two day old aaccident
     
  9. 68Goat

    68Goat Light Load Member

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    Oh, I'm sorry. I didn't realize you were hurt. I guess I didn't catch it in the previous posts. Yeah, you are definitely in attorney mode then. You need to go the full length, it sounds like. Good luck to you. I hate to hear that. Back problems are the worst. Maybe a bright spot, though...A great attorney can definitely get you taken care of. The problem is that it usually will take about a year for settlement money to come through on larger settlements. Good luck with that.
     
  10. bigdad7

    bigdad7 Road Train Member

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    Yah i posted before i realized it myself thought all was kosher til the day after than whammo i,m like wtf this is the longest trip ever 2200 miles with only one fuel tank and have to stop every couple hours because it starts to hurt too much...,,wow wish i was hauling anything but produce
     
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