Need Help Disputing Accident

There are so many variables that could have changed the clearance. They could have re-paved the road or someone could have cut a tree and it fell on the line so on and so on. 14 feet and 13.6 is not a big difference. I believe the fault is on you. Is it fair? Maybe not. But it sounds like it's a residential area and if so there's not much you can do IMHO. I've had to go down many areas like that to get to my place to unload and I know situations change. I think all you can do is explain that the line changed and there was no warning that it did.

 

I am an insurance adjuster and have been one for over 8 years, and so is my husband. We both agree that this accident should have been non-preventable as long as the following conditions were met: 1) There was no signage indicating the cable was "x" amount of feet from the ground(indicating a low clearance), 2) Trucks are allowed to travel that road and there is no signage indicating they cannot. Provided that is the case, cables should not hang less than 14' off the ground and if it was low hanging, then the company that owns those lines is responsible for what occurred. That is why they are not pursuing the claim, they are probably hoping someone doesn't report them for having low hanging lines...

 

I would also note that your company should want to mark it as non-preventable, because as an insurance adjuster, if they mark it as "preventable" it is much harder for me to deny the claim, when-from what you have indicated-this truly does not seem to be anything you could have prevented, and I am sure your company does NOT want to pay for damages they truly are not responsible for-in the event the other company did try to pursue it. If I was the adjuster handling that claim, we would end up in court before I paid them a dime and I would fight it until the bitter end-but my job is to protect my client, and I am sure the insurance carrier for your employer would want to do the same thing.

 

IMHO -
Hate to be the bearer of bad news but it were preventable if you could see the wire .
( ducks as the rocks start flying )

What is legal as per heights may be relevant at pay-up time but has no bearing on it being
preventable or not -

A wire is painted red with yellow streamers hanging on it and is at eye level
( while sitting in a truck) on a clear day in a 5 mph zone .
Does a driver get to take it out and be free and clear of all RESPONSIBILITY because
the law says it should be higher ?

I'm thinking ... no .

( sighs ) mite be nice if it were a " yes " , then based on that line of reasoning I could run over jay-walkers I clearly see 100 feet in front of me and avoid all responsibility ( d@mn , there's that word again ) because they weren't in the cross walk....

 

If there is no dollar loss there, it seems to me like this shouldn't even be termed an accident, but an incident. Anybody else see this, or am I nuts?

 

This is just silly. I've ripped down quite a few lines over the years. The last one was a power line hung over a residential street and I ripped the conduit off the house it was attached to. Guess who's fault it was. The power company's. After the cops showed up and shook their heads at yet another low line ripped down by a moving truck, the power company was summoned to rehang the wires at the proper height and fix the damage to the house at no charge to anyone.

 

Upon explaining the situation to any prospective employers, the explanation would be passed on to their risk managers who will likely see it for what it is...non-preventable. I have a $4000+ equipment failure claim on my DAC that is listed as Preventable and everyone i've applied with and been approved at since has dismissed it cuz they know, once told the situation, it's BS.

Anyone who would side with your previous company isn't worth working for.

 

Why was this even reported in the first place. It is the cable companies responsibility to hang the wires correctly. If you take one out, keep on going, and why bother telling a dumbhead in corporate that is just waiting to screw you over to prove they are worth the salary they are being paid. Things like this happen. It is the responsibility of the company hanging the wires to keep them at the correct height.

 

there's also the possibility that the reason the cable company isn't responding. is the fact the line is dead. unless people came out and asked what the heck happened to my internet.

at some point and time, roadwork may have been done and all the utilites transfered under ground.

i used to work construction. i took out a phopne line with my dump truck. 3 months later i was back there picking up the trash and the line was still hanging.

there was another job sight where we were dumping dirt. low hanging line that was easily cleared till one day it wasn't. my exhaust stacks too it out. new townhomes were being built so it turned out those overhead lines were all dead and gonna be taken down anyways.

problem with accidents and big carriers. as they there's no such thing as safety. don't matter how careful you are. it's still your fault and will be listed as a preventable.

the smart thing to do, is work for companies that don't use dac. when it comes to your career. dac can ruin you as much as that new csa program. while csa can interpret how you do your job. dac is really nothing more then a BS program for big players.

 

i do not believe it is a "company policy thing" to follow the height of wires (make up thier own measurements), but rather a state law/mandate, whatever, that ALL wires, cables, etc, be at x number of feet up off the ground. the "general rule" i believe is, 15 feet. (but may actually be set at 14 feet..??).

i would try and contact your state dept of utilities (electric company, for instance), they should have the rules about wire/cable heights.