CFI wrecked my trailer. They don’t want to pay for it

Discussion in 'Ask An Owner Operator' started by TBlank72, Jul 23, 2021.

  1. TallJoe

    TallJoe Road Train Member

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    Intuitively, I feel that trying to be compensated for a potential revenue loss may be too lame, also depending on how much.Unless there are rate confirmations of already booked loads or lined up loads per contract proving that such a loss would have not occurred. But even with that, there is no certainty that the loss would not occur for a million of other reasons.
    If I were a perpetrator of the incident, I'd certainly take responsibility for the damage, and perhaps cost of accommodations to finish the load in process but any claims on future, presumed loss, I'd firmly dismiss without qualms. Neither, would I expect that from anyone else, if I was the person with the damaged equipment. I'd simply rely on what insurance would do.
    I might be wrong, I'd like to hear a lawyer on that.
    Having said that, I do sympathize with the op.
    This a horrible situation. And who else but a mega carrier driver?!
     
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  3. AModelCat

    AModelCat Road Train Member

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    I don't see the fuss either. Bend it straight, weld the cracks and get back to work until parts show up.
     
  4. Team818

    Team818 Medium Load Member

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    CFI probably has an opening now. Kind of upsetting isn't it? Look at that CFI trailer all up against the other one. The CFI trailer was probably not much better, but he could at least drive away. I hope more pictures were taken of the CFI Trl after they seperated them. That will help in court. The judge can see how the CFI guy made it worse, like he was trying to get AWAY !! That is going to work against him in court. I am sure CFI realizes that. Maybe not, people are not as intelligent working in these jobs as they use to be. Its all about them in their cubicle. They do very poor jobs. If this happens to you, shoot dozens of photos. The other truck and trl as well.

    Not saying he didn't take more. Eyewitness there said the CFI appeared to be trying to leave. That needs to be noted. For court.
     
    Last edited: Jul 24, 2021
    Reason for edit: Wanted to add to the content.
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  5. scoobertdoo

    scoobertdoo Medium Load Member

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    ICC bumper is just a welded bumper it's nothing special you can have a fabricator make one
     
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  6. roundhouse

    roundhouse Road Train Member

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    Exactly .
    Any competent fab welding shop could make a new bumper from aluminum or steel, square tube or channel and bolt or weld it on in a few hours.
    Or remove one from a big truck junkyard trailer and fab some brackets and bolt or weld it on and have you rolling in a few hours .
     
  7. TBlank72

    TBlank72 Bobtail Member

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    This is what I’m looking into this week to get back on the road.
     
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  8. TBlank72

    TBlank72 Bobtail Member

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    “Potential revenue” is an understatement. If you’ve got hundreds of weeks worth of past settlements that show “X” amount of revenue, you can pretty confidently assume that future revenue would have occurred at a certain dollar amount if the accident didn’t happen. It’s just a matter of what time frame is best to look back at. This happens to be during one of the hottest freight markets in a while. So I’m looking at my most recent settlements to determine what revenue would’ve been had the accident not occurred.
     
  9. TallJoe

    TallJoe Road Train Member

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    I would like to agree with you but when it comes to facts, we only know about the damage on the trailer. As some indicated, it can be mitigated to the point of making the trailer workable.
    Potential revenue is the right term.
    Demanding money from someone based on hypothetical, future and intentional basis is too problematic.
    P.s. dependent on how reasonable too.
    I realize there were lawsuits where potential loss of income was factored in in assessing damages but those were about bodily injury where a person was physically incapacitated to do his job.

    I might as well be wrong but I do hate to see it everywhere when people try to break the bank on every little opportunity.
    Next time Swift knocks out my mirror, and due to the lack of parts and distress, I'll want two weeks of mine ...at least 10 grand. If that's realistic, I want them to break my mirrors every day.
     
    Last edited: Jul 24, 2021
  10. TBlank72

    TBlank72 Bobtail Member

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    I completely agree with you on this. I don’t feel like it would be right for them to cover lost revenue for the extended repair time frame. I only ask them for 8 days of lost revenue which was how long it took to get the trailer to a shop, let the shop work up an estimate, get the estimate over to CFI, and determine CFI wasn’t going to take care of it.

    CFI never responded when they received the repair estimate which they received on day 3. I called them on the 4th day about it and they said it was in a format that they couldn’t open on their computers (excel). At that point they told me they also couldn’t open my trailer registration document on their computers (jpeg image) that I had sent them on the first day we setup the claim. They never told me they couldn’t open either file. I had to call them to find out. And it took me less than 5 min on an iPhone to convert everything to a pdf format which they could open and send it to them.

    After that they said they needed time to review it. So, on the 8th day I called to check on the status and they said they haven’t had time to review it yet and they would get to it when they were finished with other claims in front of me. They wouldn’t provide any timeframe. That’s why I only asked them for 8 days of revenue. Beyond that I asked them to cover a trailer rental which is a very low cost option relative to lost revenue. Someone else mention loss of use for the asset itself while the trailer was being repaired. I never ask them about that, but if I have to come out of pocket to get attorneys involved for something as insignificant as this because they won’t do the right thing, I’m sure CFI’s bill is going to be even higher.

    This whole thing could’ve been settled with a couple phone calls and emails back and forth within 4 days of the claim being filed if they just communicated like normal people.
     
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  11. TBlank72

    TBlank72 Bobtail Member

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    I don’t have my own authority. I’m leased on the a carrier. Like I said earlier, I reported it to our safety and accident dept at the scene of the accident. They determined I could not haul any more freight after the load that was on the trailer was delivered. I asked them and the shop that’s doing the repairs about bending it back and they both told me it’s illegal to bend an ICC bumper back to its original form. My carrier is going to need to see an invoice that the repairs were completed before they’ll let me haul freight with it. I’m sure the temporary fix would’ve been a better option while waiting on parts.

    What others have posted about just welding on a new bumper and tack welding the aluminum panels that were cracked would’ve probably been the best route if I could go back in time. I’ve never been involved in an accident before, and I was, and still am, dealing with a non-responsive mega carrier, so that played a role too.

    I really do appreciate all of the feedback and advice. If something like this happens again, I’m going to look at a temporary fix just to get DOT legal if there is an extended timeframe for getting parts in. Like I said, I’m a first timer.
     
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