Accident. Dealing with a mega carrier on the other side

Discussion in 'Ask An Owner Operator' started by humalag, May 27, 2015.

  1. humalag

    humalag Bobtail Member

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    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
     
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  3. allis327

    allis327 Light Load Member

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    I think your insurance company would have it in their best interest to have your back and make them pay.
     
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  4. Old Man

    Old Man Road Train Member

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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
     
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  5. 315wheelbase

    315wheelbase Heavy Load Member

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    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
     
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  6. skateboardman

    skateboardman Road Train Member

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    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.
  7. humalag

    humalag Bobtail Member

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    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?
     
  8. Terry270

    Terry270 Road Train Member

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    Quoted for truth. Had a friend that had a truck totaled by a self insured mega where the mega was undeniably at fault and it was years before he saw a dime and even then it was nowhere near the amount he should have received.

    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.
  9. humalag

    humalag Bobtail Member

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    it happened on Memorial day weekend. Truck is in the shop now.

    ...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
     
  10. bigdogpile

    bigdogpile Road Train Member

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    Claiming a back injury when there is none is called fraud..Being caught lying about an injury will discredit anything else you say..Even l wouldn't offer that kind of advice and l can offer up some "questionable" advice but nothing that could land your fraudulent butt in jail
     
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  11. magoo68

    magoo68 Road Train Member

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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
     
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