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. bryan21384

    bryan21384 Road Train Member

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    The People's Court.....
     
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  3. TallJoe

    TallJoe Road Train Member

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    In that attachment it says "reasonable" and also that the process may be "controversial" and "complicated". It is not a slam dunk, so the fact that they paid you that, without your pushing for it, was a good for you deal.
    Good to know...
     
  4. TallJoe

    TallJoe Road Train Member

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    It makes me wonder, if Swift puts me out of service, and it could be weeks (waiting for parts and tight shop schedules), if I can get paid for extended vacations and based on the recent revenue, I would not mind a loss like that...kind of tired working my arse off...you know.
    kidding...or maybe not. Why not? I'll park next to Swift next time...:D

    But then, on the other hand, if Swift totals my trailer...are they going to pay me for 1 year backorder wait...or else, what the hell am I going to do? :eek:
     
    Last edited: Jul 25, 2021
  5. Banker

    Banker Road Train Member

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    When the sideswipe first happened I was very naive on assuming I would be treated fairly by the person at faults insurance company. I had video evidence of the sideswipe and a police report stating what happened and who was at fault. The person who hit me actually told the police the truth. Probably because I told her that my video would show the truth. I was shocked and pissed off when I called her insurance agent to discuss getting my rig repaired. He immediately jumped on me like a wild cat and told me I was at fault and totally responsible and would be getting nothing. This alone was enough for me to decide to go to war. It pissed me off so bad I was prepared to spend what ever it took to prove my point. Fortunately 2 separate attorneys talked me out of going to war. They both educated me on how the law worked and how I should handle this situation. Both said they could handle it, but there really was no need for me to give up 1/3 of the money. I also realize her agent was simply doing his job by trying to minimize his companies exposure. It still pissed me off but the attorney told me I shouldn’t take it personally as it is just how business works. The Attorneys both told me I would have a much more pleasant experience filling the claim with my insurance company and would get a much quicker resolution. They were definitely correct on this advice.
     
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  6. TallJoe

    TallJoe Road Train Member

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    My trailer was swiped too but neither I saw it nor noticed it until later. Anyway, it was too late to find a presumed perpetrator on the dash camera recording. Even If I did, it would not show the very swipe occurrence. Classic hit and run. I would have pursued the person who did it to the fullest and ready for a small claim court case, even it would cost me more than it would be worth it.
    On the other hand, a Hirshbach driver once damaged my $1500 deer guard but he was so scared and looked sincerely apologetic enough, so that my heart got too soft and I decided to forgive him and let him go. I guess the feistiness has to do how the other party behaves. Karama too. Once I was forgiven, and remembering it, I forgave too. Of course, if the damage is substantial, there is no choice but demand the loss satisifaction.
     
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  7. TBlank72

    TBlank72 Bobtail Member

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    I had a very similar feeling when CFI’s rep told me that “no truck driver in the entire country made as much money as I was claiming to make”. I told him that I was talking about revenue and not my net. And he kept saying something about how it’s illegal for them to pay my taxes or something, so I don’t think he ever ended up understanding what I was taking about. I provided them with my most recent two settlements that showed the exact figures that I requested. It’s very irritating having someone else (especially a guilty party that just damaged your property) try to tell you “how this is gonna go” and how much your time is worth.
     
  8. ProfessionalNoticer

    ProfessionalNoticer Road Train Member

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    They are literally adding insult to injury.
     
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  9. REALITY098765

    REALITY098765 Road Train Member

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    Why is the gross relevant?
    I agree 100% paid for physical damages but I don't get where the gross is relevant.
    Is a settllement classed as profit?
     
  10. flood

    flood Road Train Member

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    Schneider tried that with me...
    They paid repairs then said my loss of income was $175 a day for 3 days... despite the fact I was down for 11 days....!!
    Guess they didn't like the letter the lawyer sent, I paid $200 for him to just a letter with the breakdown of income with his letter head... a week later o get a check for $8,500..
     
  11. TBlank72

    TBlank72 Bobtail Member

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    A settlement is gross revenue. From your revenue you have to pay all of your expenses associated with operating your business. Then you’re left with a net profit or a net loss.

    What good would my net do for me? I’ve still got to pay my truck and trailer payments, insurance premiums, driver wages, all the other misc fixed costs associated with trucking. I did subtract out fuel cost from my revenue since that’s a variable cost that’s not incurred during downtime.
     
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