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.

  1. Bobby_ADT

    Bobby_ADT Bobtail Member

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    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?
     
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  3. Diesel Dave

    Diesel Dave Last Few of the OUTLAWS

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    So the driver finally had the last laugh..... :D
     
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  4. x1Heavy

    x1Heavy Road Train Member

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    You hold bag. Confucius pulls wallet.
     
  5. Bobby_ADT

    Bobby_ADT Bobtail Member

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    I sincerely appreciate the insight and advice.
     
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  6. zinita17601

    zinita17601 Road Train Member

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    I know few 1099 outfits that do that in purpose to save even more money.not list all their drivers on the insurance policy.
    You can protect yourself by buying cargo insurance on the freight you broker also you can sue the carrier for the damages caused to the van.
     
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  7. brian991219

    brian991219 Road Train Member

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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.
     
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  8. Bobby_ADT

    Bobby_ADT Bobtail Member

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    Wow this is an amazing post. Thank you very much for the help! I will dig in and report back!

    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.
     
  9. Hammer166

    Hammer166 Crusty Information Officer

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    Progressive insures most of the wedgies, who as a general rule have zero carhaul knowledge, and many have a clear aversion to acquiring said knowledge. I can only imagine what they must deal with on claims.
     
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  10. Ziggy319

    Ziggy319 Medium Load Member

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    Not to be negative.
    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?
     
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