Accident... What to do next???

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by Andy9077, Oct 24, 2015.

  1. Andy9077

    Andy9077 Bobtail Member

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    Mar 22, 2014
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    Ok, claim is filed. My insurance will assign a person who will handle it on Monday. Progressive told me not to go anywhere and wait until agent from Werner comes there to look at truck before repairs. So now I am stuck. Werner is not picking up, been on hold for almost an hour, this is ridiculous. I understand that Werner will pay for repairs and towing no problem, my biggest concern is the money I am loosing sitting on the truck stop and not working. I am an owner of the vehicle, so I will have to proof I am making a certain amount to get reimbursed. Another thing that is super stressful, is the value of the truck now. How is that handles usually? Because it had a accident, I can't sell it for the price I wanted anymore.
     
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  3. flightwatch

    flightwatch Road Train Member

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    Your insurance should get you towed and then go after Werner for the bill. That's how it works. They should also get you a rental vehicle to get around in. Also, start documenting how much money you spend on hotels and food and whatnot. Then you can go after Werner to pay you back.
     
  4. Andy9077

    Andy9077 Bobtail Member

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    Just talked to Werner, the agent already had a claim in the computer. He told me to call on Monday during business hours. They don't have agents who arrive to look at the truck, so I will get towed to the shop of my choosing and start the repairs. Then I will send all the bills to progressive and werner so they can handle the payment. It will be challenging to prove how much I am loosing per day, since I am an owner of the truck and take loads without any help. The diminished value of the truck is another thing that needs to be proved for them to pay the difference. Feels so unfair that I have to go through this crap because someone made a mistake.
     
  5. Skate-Board

    Skate-Board Road Train Member

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    I was recently hit by Swift on my trailer. I didn't go through my insurance but Swift instead. They bent over backwards to help and also offered to rent me a trailer for as long as I wanted even though my damage was minimal.
     
    Straight Stacks Thanks this.
  6. Andy9077

    Andy9077 Bobtail Member

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    That's great. But when I called Werner and asked about towing/repairs and the whole process, the agent was telling me to ask my insurance instead. That is very weird, maybe it is because of the weekend and they didn't have any claim agents there, just the ones who help with filing. I was expecting more actions from them, especially since their driver admitted it was his fault. Anyways, claim are filed, now will have to wait till Monday to start the repair.
    Also, they can't get me a leased truck. I am a car hauler, so I have a trailer fully loaded with cars. Can't go anywhere, God knows how long it will take to fix
     
  7. Skate-Board

    Skate-Board Road Train Member

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    The towing, hotel, rent a car, lost income and everything else is only covered if you have insurance for it. The other company will probably pay for the tow but that's about it.

    You can go to court and any lawyer will gladly take your case. He'll start off with, give me let's say $2,000 to start and we can being the process. Good luck with that.

    Your going to get your truck fixed and towing. That's about it. Unless you have a deductible clause in your insurance policy you will have to pay the autobody shop your deductible amount. You will get that back when your insurance company is paid by their insurance company.

    Been through this many times. I seem to be a magnet when parked where any dummy can back in next to me!
     
  8. Andy9077

    Andy9077 Bobtail Member

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    Are you seriously saying that Werner will not reimburse for motel, food, rented car and especially lost money I could make if their driver was smart enough to look in the mirror? And that my truck now costs about $5,000 less than it did before the accident? How is that even legal? Because of their worker I got out of works for many days and all I get back in return is the price of towing/repairs? That doesn't even sound real
     
  9. whoopNride

    whoopNride Road Train Member

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    You never know how these things will turn out. Usually you will wind up being out some money out of your pocket. It really sucks because you are an innocent victim. I know @Hurst is still trying to reach a settlement with a mega carrier that hit him months ago. Good Luck. Maybe it will work out in your favor !!
     
  10. Andy9077

    Andy9077 Bobtail Member

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    I will see what his insurance has to say on Monday. But I will fight for Diminished value and Downtime. This is the only source of income my family has and I am loosing a lot. Will go to court if needed, but hopefully they will try to work with me
     
  11. Skate-Board

    Skate-Board Road Train Member

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    That's pretty much correct. Those are things covered under optional coverage for your policy. They might buy you a bus ticket home if your lucky. There is no law that says they have to pay you anything! If it was Walmart they would just laugh and hang up on you. Walmart fights everything!

    As far as diminished value, no such thing. Same as a car. Nobody pays for that. Your getting your truck back in the same condition. Keep in mind, when the adjuster looks at the parts that need to be replaced he may find you already had some damage there or some chrome was rusting. They may deduct that from your claim. Sort of like tires. Even though the accident resulted in 8 blown tires it was found they were just about bald so we'll prorate those suckers.

    Your insurance company is not going to fight for you. They may ask if you want to claim any lost wages and they will write that down in the request to the other insurance company. You can have them put down diminished value also. Hell, they'll write anything you want. The other company will just say no and that's it. Oh well says your insurance company, we tried. It's not up to your insurance company to fight those battles. Your on your own.

    So now you go to a lawyer. If he's a good one he may say this will go nowhere. That was a free call. Then you may call Saul from Breaking Bad. He'll say sure, I'll take the case. Give me $250 up front and we can start. He'll write a letter to the insurance company and will hear nothing back. That cost $250. Want to continue? Give me $450 and I'll file the paperwork with the court. Doesn't even make it past the clerk or courts. He's the judges right hand man. He takes care of 80% of the cases so the judge is not bothered. Your request was denied. Want to continue? Give me another $450 and I'll file with the next higher court. Same thing. Judge Judy already said no so we say no.

    Bottom line is. There is NO LAW about this extra stuff.
     
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