Uninsured driver topped a bridge HELP!

No offense but that don't mean squat.

So say you, but again that means nothing unless you have read the fine print in the other company's policy.

Another wrinkle. You lend your trailer and it doesn't have liability. It becomes unhooked and kills a family. The borrowers insurance company deems you liable for the disconnect due to king pin wear. Who pays?

I have liability on my trailers. Am I over insured? Maybe.

 

Ok.

 

It's not what fmcsa thinks it is about what fmcsa requires the insurance co. to cover in order for you to have motor carrier authority.
If this wasn't the case why would fmcsa require our insurance co to do federal certified filings.
You could just get truck insurance and fax a valid insurance card to fmcsa and they could activate your authority.
But it doesn't work that way.
the fmcsa requires the insurance co. to cover all co owned equipment for just that problem that the op has had.

 

They may be required to fix the bridge.(maybe) they are not required to fix his truck. Which was his question.

 

I disagree.

If the truck is an asset, but not road worthy, it doesn't fall into the definition of a vehicle within the fleet, it is just an asset and that's it.

I drop all insurance coverage on the trucks I scrap, the authority has zero to do with those trucks even though the authority is owned by the same company, hence the insurance doesn't see those truck listed as in my fleet. They are just like the back hoe, and the front end loader that the companies owns, just an asset.

Again there are a few key words here that needs to be highlighted - Road Worthy and Fleet.

The insurance, like the financial requirements are there to insure there is coverage for the business liabilities. The same with the UCR, that is to make sure there is a responsible party able to accept summons in different states.

 

http://www.castanet.net/news/Behind-the-Wheel/9033/Insurance-For-Trailers

"We do not cover the owner of a car of trailer you rent or borrow but we will provide coverage if the rented or borrowed trailer is connected to a covered auto owned by the named insured"
http://cambridgeunderwriters.com/wp...Coverage-For-Owned-And-Non-Owned-Trailers.pdf

"National argues that § II.A.1.c. did not provide coverage because “connected” required that the trailer be physically attached to a covered power unit when the accident occurred..."
http://media.ca8.uscourts.gov/opndir/15/12/143522P.pdf

 

I think the the problem might be that that general insurance coverage may be far different from the much higher bar requirements for insurance of the fmcsa to give us operating authority.
This is another reason why MC insurance is so much higher than standard insurance.
Fmcsa makes insurance co. Take on a ton more risk then they have on general non MC insurance.

 

If the equipment is not listed on policy it will not be covered for damage.
The truck liability may cover it. Check with agent.
I had a driver total truck and trailer. The trailer i borrowed/rented. My insurance covered damage to truck not the trailer because it wasn't listed on the policy.

 

Bingo. I'm guessing you didn't have coverage for un-owned trailers therefore anything not listed was not covered. Lesson to the fella that lent you the trailer is: make sure he checks the borrower's policy before he lends a trailer.

 

Yes it has to be listed. Most rental companies will not let you take the equipment if they don't have proof of ins. With it listed and them as cert holder.