TOWING CO. Flipped my truck/loaded trailer while in tow

Discussion in 'Ask An Owner Operator' started by HOUSTON TRUCKING, Apr 27, 2021.

  1. ZVar

    ZVar Road Train Member

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    Deal with the tow companies insurance (at least here in MI, they, by law, have to pay for it). I'm hoping other states are similar. Get a lawyer lined up, but see if the insurance company is willing to do the right thing first. By that I mean pay for everything including downtime. If the insurance company doesn't do the right thing, then bring the previously mentioned lawyer on board.
    And most important, don't sign anything without understanding it. If it requires a lawyer to explain it, pay the lawyer. Don't feel bad either as the legal system has it's own language.
     
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  3. abyliks

    abyliks Road Train Member

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    The second they hook on to it they are liable, but I am +1ing the get a lawyer and not saying much more because I’m sure it could go sideways
     
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  4. Espressolane

    Espressolane Road Train Member

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    Some good points here.
    No more posting on the subject, here or anywhere else. Don’t waste time, line up some form of legal counsel. Start pulling together your documents. Your going to need to show values of equipment, any claims for the load, revenue numbers plus any billing for any salvage and clean-up. OOIDA was mentioned as a possible reference for legal advice, thats a good place to start.
     
  5. jamespmack

    jamespmack Road Train Member

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    Two things.

    While in tow
    While in recovery
    Are 2 different things. Under recovery the tow co. is not responsible till restored to roadway. Unless negligence is proven.

    Sounds like in tow, and Co. Should cover this.

    But this is a great example when your insurance company can, and will represent you. They will fight hard for you, because if not its a payout for them.

    One and only few times insurance companies will go to bat for insured. But they are doing this more for themselves.
     
  6. Old Man

    Old Man Road Train Member

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    X3 lawyer ASAP, don’t talk to their insurance.
     
  7. LoneRanger

    LoneRanger Road Train Member

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    No one was injured, and getting an attorney to take up this case is going to cost money.


    Most attorneys are looking for the easy payout.
     
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  8. Doealex

    Doealex Medium Load Member

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    Your insurance company will fight half-### for you but most will fight hard for you after you threaten them with litigation... Crows do not peck out crow's eyes.
    As long s as you didn’t leave the roadway and wasn’t stuck anywhere in the median before the recovery the insurance company of the towing company cannot lay any percentage of the damages to you and you should be getting 100% of insured value of your truck & trailer; shipper getting his declared value of the cargo. I think it will still show on your company loss run but you should make sure that it shows zero (0) loss meaning your insurance company didn’t pay for any damages. Otherwise you might have trouble getting your policy renewed or your premium raising substantially when renewal time comes.
     
    Last edited: Apr 28, 2021
  9. pavrom

    pavrom Road Train Member

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    Not most but ALL
     
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  10. InTooDeep

    InTooDeep Donner party survivor

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    Agree keep your mouth shut except to YOUR lawyer. But please come back after and fill us in. This isn't a common occurrence, want to hear the details for sure
     
  11. roundhouse

    roundhouse Road Train Member

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    I don’t see the need for a lawyer . Not yet.
    And without any personal injury for the lawyer to collect their 35% from, they won’t take the case unless you pay them upfront .

    I’d see how the tow companies insurance handles it .
    Who knows, they could offer a suitable amount for damage to the vehicle, cargo and downtime.

    instead of a lawyer you Jess to be talking to your accountant so you can prove to the insurance company your lost revenue, and start shopping for replacement similar vehicles so you can prove to their insurance company the value of yours .
    And figure out the value of the cargo.

    and your insurance company may handle it and sue the tow company later if they don’t pay up.

    Im guessing this was a hotshot with a loaded three car trailer ?
    I’ve seen plenty of those flip over .
     
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