Insurance Co,trying to deny a claim,saying they have not established liability

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by amberfeldt, Mar 15, 2020.

  1. amberfeldt

    amberfeldt Light Load Member

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    May 20, 2019
    Minnesota
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    Nov 2019, we had our truck at a shipper loading freight ,on to a flat bed.It was Cam Am's. the crates were to large to come out the building the correct way,on to a flatbed,so they slide them out the door another way.
    An then on to there flatbed,then take a large outdoor forklift an put it on to your trailer,the way it needs to be to fit on the trailer correctly.in the process the operator stabbed his 2 forks in my deck .(they always run with the forks pointed forward n down ,who knows why)
    He openly admitted it to his manager,an his manager was suppose to write a report .this game went on until last week or so when i finely got fed up an filed with his insurance CO after my agent advised me. There are two claims in a months time. the last one ,they had ice all over there dock area, an parking lot. an when they were pushing a crate from the dock on to my trailer they pushed my whole truck an trailer ,it was empty, there was no ice treatment on the ground,like salt or sand.
    So the forklift ended up pushing truck away from the dock an he dropped the forklift mass on my rear rub rails an destroyed them.
    This same Manager asked if the Breaks were set ,I looked at him an said Are you kidding me?? you guys did not salt an sand.
    so now this manager is denying that they damaged the deck since that is the larger bill, but is admitting to the rub rail. This clown,nor did anyone else know that i recorded conversations. an i have his employees openly admitting the damage to my trailer that they did.
    So this claims adjuster from this CO, they use acuity ,has every thing that i had on the case including all recordings, yet is telling me she has not established liability. SO
    Question #1 where do i take them to court?? i know we are mostly drivers not lawyer ,but someone has went thru this. do i do in my county of business, or were they damaged my trailer.
    My claims adjuster told me to give up everything ,i was hesitate cuz i wanted fire power for court just in case, an it is going down the way i thought.
    So over the course of 3 months after the original damage, they kept driving over the damage.(they could have drove around it) an messed up the deck a lot more, to the point the safety manager told me that i had a bad spot in my deck an they can not load me anymore till it is patched. I looked at him an gave him some mind. Since i been working on having them fix it.
    After that i went an bought some White oak had it planed down to the right thickness an temporarily fixed it on the weekend costed me over 16 hours, welding in braces an other stuff,since the deck floor is one piece,an you take out a pieces there was no support in spots. I missed out on 1 load from then, had 3 hours rush hour drive time, i have money in supplies an time going to get supply. I have time an diesel wasted to take trailer to get an estimate. they could have just paid out of pocket an avoided it all.. the Manager is a moron IMO.i have them on audio for proof,an some pics. so some suggestions would be nice. oh an it is a small claim under 7000
     
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  3. baha

    baha Road Train Member

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    If they are a large part of the loads you are hauling now you need to watch your step or you may lose them as a money maker, if not get a lawyer to send a paper demanding payment for smashing up your trailer?
     
  4. amberfeldt

    amberfeldt Light Load Member

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    May 20, 2019
    Minnesota
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    we are done.we do not haul no more.
     
    jackoboyo and baha Thank this.
  5. x1Heavy

    x1Heavy Road Train Member

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    Mar 5, 2016
    White County, Arkansas
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    As in no more trucking?
     
    clausland Thanks this.
  6. baha

    baha Road Train Member

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    Keep on trying to get the 7,000$ even if you get only a part of money its better than nothing ??
     
  7. xsetra

    xsetra Road Train Member

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    File in the court, either you reside or where the company you drive for has an office. Main terminal, drop yard. Where ever is easiest for you to appear in court.
    They can ask for a change in venue, but the judge can deny that request also.

    In your claim include all the costs you listed above. The judge will tell you which items are reasonable.
    Oh, hire an attorney.

    Have you talked to your insurance company.
    If you file a claim with them. They might sue the other company for fair compensation.
     
    Grouch Thanks this.
  8. amberfeldt

    amberfeldt Light Load Member

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    May 20, 2019
    Minnesota
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    I have spoke to my Agent, to
    file but then i have to spend money on the deductible,so i filed with them, we are going to hire a lawyer .thanks
     
    xsetra and x1Heavy Thank this.
  9. Grouch

    Grouch Road Train Member

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    Feb 3, 2009
    Between here and eternity
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    Contact the Insurance Commission in your state. Here in Va you can go online line, file a complaint, get a claim # and in a few days, someone from the state will contact you.
     
    xsetra Thanks this.
  10. amberfeldt

    amberfeldt Light Load Member

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    May 20, 2019
    Minnesota
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    Good idea, i will do that thank you for the advise!!
     
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