Hi everyone, please excuse long description, i was trying to cover every side of this situation. It's first time im dealing with something like this.
I got backed into by mega carrier (lets call it SMITH) driver on a parking lot of a truck stop while parked. So I took my truck to a closest dealership's body shop for repairs. They gave me an estimate and said they gonna start working on it as soon as they have commitment of payment. It took SMITH 3 days to assign an adjuster to my claim (accident happened Saturday night) and while adjuster was working on a repairs to be approved we agreed that i will rent a truck from a company im leased to and they will reimburse me travel expenses to home terminal along with a truck and trailer rental. It took total of 6 days from day of accident to the day that i picked up rental truck.
SMITH also agreed to cover all hotel bills. Main thing - they promised to cover all down time that occurred already and possible future down time.
All this commitments by SMITH were mainly verbal but i got an email confirming that too, just without hard numbers.
I have a few questions to someone with possible experience in dealing with big carriers in such situation:
1.Do i need a lawyer?
2. How long it will take to get reimbursed for down time?
3. How are they going to calculate down time reimbursement?
Thanks for reading
Accident. Dealing with a mega carrier on the other side
Discussion in 'Ask An Owner Operator' started by humalag, May 27, 2015.
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1. Yes, if you want 100% of what they cost you. Renting a truck will complicate the down time issue, remember the Megas goal is to get out a cheap as possible and they don't care about you
humalag Thanks this. -
you might be the first to be paid down time by a mega carrier,,been hit 3 times while parked by mega carriers ,,only one the old Builders Transport that paid down time,had to file suit agains werner and Roehl to get paid ,,have had 3 autos hit my truck and nad no proble collecting down time from their ins,,Big carriers are generally self insure for the first $50,000 to $100,000 for all accident claims,they know a small company or carrier or and auto owners generally does not have the money to take them to court,,If you ever get hit by a mega carrier and you are in the truck claim a back injury and a personal injury lawyer will file and handle your law suit free until they pay.
The law says that a motor carrier must have liability insurance but it does not say they have to pay until you take them to court -
the advantage you have is the e-mail, but one purpose of insurance is to let your insurance company handle things like this. how long has it been or have they refused to pay?
RedForeman Thanks this. -
Thanks for replies,
Hiring a laywer seems like the only option now... they kinda dragging their feet to cover even initial expences.
Now should i contact trucking lawyer and a separate injury lawyer in case if there is an injury? -
Only time they can't pull that crap? When there is bodily injury involved. So even if you get backed into at a truckstop say you were standing up and you got knocked down and messed up your shifter hand!freightwipper Thanks this. -
...It's been 5 days since they promised to cover initial expenses such as hotel, travel to home terminal, etc. and i had to call numerous times and leave voicemails without outcome.... So im picturing a situation when i will have to collect the down time and it dont look all clear with their way of taking care of things -
humalag Thanks this.
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When a buddy's hood got ripped off by a "smith" truck up here in Canada .. They paid everything they promised him in about 10 days but their policy might be different on out of country claims
humalag Thanks this.
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