Preface: We are a BROKER. We have carrier's W9 and COI.
Ladies and Gents,
We've run into a situation we've never experienced before - a carrier was loading a Transit 15 Pass Van and somehow "missed the ramps" and dumped it on it's side. As in - literally fell off the trailer/ramps and landed on it's passenger side. The carrier was very cool and seemingly honest about, handed over his ID and insurance to the customer at delivery, etc.
2 weeks into it, Progressive declines the claim because apparently it was being driven by someone not listed on the policy.
Us: "How as a broker would we protect ourselves from this issue in the future?"
Progressive: "Uhhh hurr durr IDK I guess you cant?"
Us: "K, so like, are there any repercussions for your insured? isn't that essentially fraud?"
Progressive: "Uhhhhm nope they are all good thanks bye!"
It was almost a literal "too bad, so sad."
Suggestions? Thoughts?
INSURANCE! - Driver not listed on policy - CLAIM DENIED! Help us protect ourselves!
Discussion in 'Car Hauler and Auto Carrier Trucking Forum' started by Bobby_ADT, Oct 2, 2019.
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So the driver finally had the last laugh.....
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You hold bag. Confucius pulls wallet.
Dino soar, Doealex and TheRealLargeMarge Thank this. -
PE_T, Badmon, x1Heavy and 1 other person Thank this.
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First, this is why I never allowed anyone with Progressive to sub-contract thru me (was a carrier not a broker but did interline some work).
Second, Progressive really can't deny the claim when a third party (your customer) is involved. If they carry the MCS-90, which they should if the motor carrier has proper operating authority, they are bound by Federal law to be responsible for everything that happens under the direction of that motor carrier.
Example, I have had unauthorized use of my US DOT number before by a disgruntled ex leased-on owner op, he kept displaying my number and had a crash. I was, or my insurance carrier was, responsible to pay that claim even though the ex driver was fraudulent in their activities. This is why it is so hard to take insurance coverage off a commercial truck if you are just parking it, because listed or not the insurance carrier that issues your MCS-90 is liable.
The same premise applies to drivers. I would start with a higher supervisor at Progressive, if they won't work with you inform them you are calling the state insurance commissioner office to lodge a complaint.
You may also have to start a lawsuit against the carrier. This will force Progressive to get involved since they have a duty to defend their policy holder, plus if the motor carrier happens to have any excess lines (blanket, general commercial liability, excess cargo, etc) a lawsuit will open up access to those policies.
Oftentimes once faced with a lawsuit the insurance company will pay nuisance claims just so they go away. -
Side note, Progressive seems to be a gigantic flaming pile of ####. Currently have 6 damage claims open with them and it's like pulling teeth every inch of the way. Such bogus and irrelevant stips for every single step of every single case.PE_T, 24kHotshot, x1Heavy and 1 other person Thank this. -
PE_T, KANSAS TRANSIT, Kozakvod and 3 others Thank this.
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1) Why so many open claims with 1 insurance company??
2) Do you do anything to vet your Transporters?
3) How long have you been in business that you don’t insure your freight?
4) Have you paid these claims yourself?
5) Is progressive the only insurance company you have open claims with?
6) How much volume do you do monthly?KANSAS TRANSIT, haycarter, Doealex and 2 others Thank this.
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