Trucking company in fatal motorcyclist crash sued by own insurance company

Discussion in 'Trucking Accidents' started by lovesthedrive, Nov 19, 2019.

  1. lovesthedrive

    lovesthedrive Is here to help

    x1Heavy, Dave_in_AZ and mp4694330 Thank this.
  2. mp4694330

    mp4694330 Road Train Member

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    I hope that POS will be deported after veridict (not sure if he has US citizenship or not)....otherwise taxpayers will pay for his jail time...
     
  3. lovesthedrive

    lovesthedrive Is here to help

    I think the POS is stuck here. Life sentence with 100 years extra for each of the seven he killed
     
    Moving Forward and Crude Truckin' Thank this.
  4. Mike250rs

    Mike250rs Light Load Member

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    State will get sued for not revoking the license soon I'm sure.

    In the end the only ones getting a payday will be the lawyers and we pay for his room & board.
     
  5. x1Heavy

    x1Heavy Road Train Member

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    In our state consitution by the People in the last election limited lawyer incomes to 33% of any gross jury award in these kinds of cases

    Im pretty sure the insurance company would love to just write a million dollars and hand it to the court and walk away. Thats 65000 give or take to each of the 15 suits. Minus 22000 to lawyers.

    In any case the trucking company being sued is finished. They will have to sell everything that is not nailed down to pay the 15 suits.

    And yes Mass will be next sued once the plaintiffs understand the CDL is not revoked for those previous offenses. Probably taken away for life prior to the smash. However that did not happen.

    The estates suing the are probably using a calculation on the value of the lost love one's economic life then and into the future based on 76 years of life. However you look at it its added up to a hell of alot of money that is lost. I actually possess a million in general liability so that if I had something like that happen and they sued me personally, more than likely as not, they will get that million not one cent more. And it only costs me about 3.00 a month as a add on to my other insurances.
     
  6. Judge

    Judge Medium Load Member

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    Ok. I read pickup pulling a trailer. So now they make laws stricter on getting cdl in that state.
    I know! Let me go fishing so we can make it harder to get a hunting license.

    Even if this guy had a cdl license, thats no reason to make everyone suffer for the actions of an idiot.
     
  7. mjd4277

    mjd4277 Road Train Member

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    Sounds like the liabilities involving Pilgrim Insurance will break the bank and put them out of business!!!

    Up until about circa 2007/2008 the automotive insurance industry in Massachusetts was strictly regulated keeping a cap on premium and deductible prices. When deregulation occurred around that time with mass casualty accidents like this one (especially with fatalities) insurance companies could now also cancel the policy of the insured if accident(s) caused a substantial claim payout or if the insured got into numerous accidents in short timespan.
    Simply put,Pilgrim doesn’t have enough money in the war chest to cover even half of victims’ estates-let alone 15!!
     
    buddyd157 Thanks this.
  8. lovesthedrive

    lovesthedrive Is here to help

    I believe it is typical insurance double talk. Saying if 7 persons died the total pay out is 7 million. Regardless of the extras.
     
  9. Bud A.

    Bud A. Heavy Load Member

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    That's not the way I read it. Apparently Massachusetts has a law that says the insurance company can tender policy limits to the court and let the court decide how to distribute it to any claimants. So they tender the million and walk away, yes, but not because they don't have the money. By law, insurance companies have to hold reserves for claims, so more than likely they've got the million, unless someone there has been cooking the books or they've had an unusual string of catastrophic losses that go to policy limits.

    It's a contract, so Pilgrim will not be on the hook for more than a million. Any jury award beyond that would come from the trucking company itself. They probably don't have an excess liability policy (sometimes called an umbrella policy), so that's when the trucks and trailers and the shop and the office buildings get sold at auction -- unless their lawyers are good at bankruptcy filings too.

    The point of this legal maneuver is to avoid paying for lawyers to defend the driver in the lawsuit. That would be money in addition to the million dollar policy. The defense for this guy in the civil suits could easily exceed $100k.

    So the next filing will probably be from Volod's lawyers saying the insurance company must provide (i.e., pay for) a defense against these claims, since that is actually a part of every liability policy I've ever read. I wonder if it's been tested in court.
     
  10. buddyd157

    buddyd157 Road Train Member

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    well what you should have read was, that pick up and trailer had MC numbers. it was no ordinary pick up pulling an ordinary trailer. that set up was a "for hire" company.

    next, due to the negligence of the state of MASS, MANY people were driving with suspended licenses, ALL licenses, not just CDL's.

    so it was not just this idiot that everyone has to pay for, it's the state's fault for NOT informing other states of his actions, and NOT acting on the information they got...

    they (the state of MASS) basically "shelved" that information....
     
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