Help with trailer damaged at receiver

NWStone · Aug 7, 2023

Hi, I’m posting this on behalf of my dad who is the O/O - trying to help him know his options so hopefully this is the right place to ask.

So the inside of his trailer was damaged at the receiver a couple months ago. He told the broker, got the damages noted on the BOL, etc. Only now the broker (speaking on the customer’s behalf) has really dragged the situation out.

He gave them an estimate from the dealership he bought the trailer from, they insist it’s too high. They tell him to either get multiple estimates or get it fixed first and they’ll “verify” the bill against the estimate. He refused because they were way too vague about actually paying and making him jump through hoops.

Instead, my dad gave them the dealership’s info to ask them about the estimate - broker refuses because he “doesn’t have time” to call them. Dad had the dealership send an email explaining how the estimate was calculated, that’s still not enough. He asked for their insurance so he can file a claim - unavailable because the broker has to be the go-between. Asks them set up payment with the repair shop directly - no answer. Basically, they want him to foot the bill and will consider paying if it seems reasonable, but he doesn’t trust them to do this based on how messily they’ve handled the situation. Also they will only pay the bill and refuse to pay for downtime while the trailer’s getting fixed.

The only reason he hasn’t filed a claim with his own insurance is because any reported damage regardless of fault will make rates go up so he wants to avoid that.

Hopefully this makes sense, thanks for any advice you can give.

blairandgretchen · Aug 7, 2023

Yes - this all makes sense and is very maddening.

Long FLD · Aug 7, 2023

Should’ve gotten insurance involved from day one. They’re not going to raise your premium over something that isn’t your fault. Your trailer would’ve been repaired by now and they would be chasing their money from the party who damaged it.

Ridgeline · Aug 7, 2023

NWStone said: ↑

Hi, I’m posting this on behalf of my dad who is the O/O - trying to help him know his options so hopefully this is the right place to ask.

So the inside of his trailer was damaged at the receiver a couple months ago. He told the broker, got the damages noted on the BOL, etc. Only now the broker (speaking on the customer’s behalf) has really dragged the situation out.

He gave them an estimate from the dealership he bought the trailer from, they insist it’s too high. They tell him to either get multiple estimates or get it fixed first and they’ll “verify” the bill against the estimate. He refused because they were way too vague about actually paying and making him jump through hoops.

Instead, my dad gave them the dealership’s info to ask them about the estimate - broker refuses because he “doesn’t have time” to call them. Dad had the dealership send an email explaining how the estimate was calculated, that’s still not enough. He asked for their insurance so he can file a claim - unavailable because the broker has to be the go-between. Asks them set up payment with the repair shop directly - no answer. Basically, they want him to foot the bill and will consider paying if it seems reasonable, but he doesn’t trust them to do this based on how messily they’ve handled the situation. Also they will only pay the bill and refuse to pay for downtime while the trailer’s getting fixed.

The only reason he hasn’t filed a claim with his own insurance is because any reported damage regardless of fault will make rates go up so he wants to avoid that.

Hopefully this makes sense, thanks for any advice you can give.
Click to expand...

SO much BS here, it is sick.

Look have your dad come here and tell us what happened.

I will tell you this for him, the broker has NOTHING to do with this, they can not act as an agent for the receiver ON AN INSURANCE CLAIM - PERIOD. He knows where he dropped the shipment off, contact the people there DIRECTLY and if they give him crap about it, tell them "see you in court".

He will have to determine the cost of everything, don't take it to just a trailer shop but one that is affiliated with the brand of trailer he owns.

They have liability insurance for this purpose, it is clear that the broker is trying to get money out of them when they are not to be involved for any reason, this is between the owner of the truck and the business, no one else.

The other thing that I am going to advise everyone to do is this - if there is a problem where you have damaged, DOCUMENT EVERYTHING. Who you talked to, when you talked to them, and their response. Talk to a manager, not a forklift driver or some other lackey. A manager should know what to do, if there isn't one, tell them to call one. He/she either will have a form for you to fill out or will fill one out for you.

AND TAKE LOTS AND LOTS OF PICTURES. YOUR PHONE HAS A CAMERA, IT IS FREE TO USE. PICTURES INSIDE, OUTSIDE, THE TRAILER IN THE DOCK, THE DOCK LOOKING INTO THE TRAILER - ALL OF THESE ARE IMPORTANT.

AND do not buy the bullsh***** about getting three quotes, this isn't a car and a parking lot incident, it is something that time costs money.

NWStone · Aug 7, 2023

Long FLD said: ↑

Should’ve gotten insurance involved from day one. They’re not going to raise your premium over something that isn’t your fault. Your trailer would’ve been repaired by now and they would be chasing their money from the party who damaged it.
Click to expand...

Unfortunately insurance did confirm the premium would go up regardless of fault. This has actually already happened, he had a couple incidents last year and as a result his insurance rates skyrocketed.

NWStone · Aug 7, 2023

Ridgeline said: ↑

SO much BS here, it is sick.

Look have your dad come here and tell us what happened.

I will tell you this for him, the broker has NOTHING to do with this, they can not act as an agent for the receiver ON AN INSURANCE CLAIM - PERIOD. He knows where he dropped the shipment off, contact the people there DIRECTLY and if they give him crap about it, tell them "see you in court".

He will have to determine the cost of everything, don't take it to just a trailer shop but one that is affiliated with the brand of trailer he owns.

They have liability insurance for this purpose, it is clear that the broker is trying to get money out of them when they are not to be involved for any reason, this is between the owner of the truck and the business, no one else.

The other thing that I am going to advise everyone to do is this - if there is a problem where you have damaged, DOCUMENT EVERYTHING. Who you talked to, when you talked to them, and their response. Talk to a manager, not a forklift driver or some other lackey. A manager should know what to do, if there isn't one, tell them to call one. He/she either will have a form for you to fill out or will fill one out for you.

AND TAKE LOTS AND LOTS OF PICTURES. YOUR PHONE HAS A CAMERA, IT IS FREE TO USE. PICTURES INSIDE, OUTSIDE, THE TRAILER IN THE DOCK, THE DOCK LOOKING INTO THE TRAILER - ALL OF THESE ARE IMPORTANT.

AND do not buy the bullsh***** about getting three quotes, this isn't a car and a parking lot incident, it is something that time costs money.
Click to expand...

Thanks for confirming our suspicions, it did really feel like he was getting jerked around but since I don't know the industry I wasn't sure. My dad isn't great with internet forums but these are the main points of the situation that I can say without too many identifying details.

The issue is that the customer is refusing to hand over their insurance and when we pushed for it, well that's what the broker said. We actually called the customer's phone line too, but when they realized what it was about they basically transferred us over to the broker as well. So they're definitely acting on the customer's behalf, most of the ridiculous demands I believe have been from the customer and communicated through this (extremely frustrating broker).

The estimate we received is from the official dealership that's affiliated with his trailer. And everything is documented - he has pictures of the damage, of the worker holding the damaged piece that fell off, and written confirmation on the BOL. They even asked for additional timestamped pictures to prove that the trailer is still damaged, which he gave as well. They've already admitted fault so it's mindboggling that this has gotten so out of hand. Basically they will not budge from the position that: my dad needs to pay for the repairs himself, submit the bill, then wait while they "verify" the bill. No additional payment for downtime. So we just don't know where to go from there, other than I guess small claims (which getting a lawyer and everything is a headache in itself).

Long FLD · Aug 7, 2023

NWStone said: ↑

Unfortunately insurance did confirm the premium would go up regardless of fault. This has actually already happened, he had a couple incidents last year and as a result his insurance rates skyrocketed.
Click to expand...

That’s too bad. I’ve had good experiences with both Northland and Great West. Turned in deer strikes, etc, and my rates never went up. That’s what insurance is for.

boneebone · Aug 7, 2023

If you want it fixed and they’re playing games, take them to small claims court.

If the cost of the repair exceeds the dollar limits of small claims court, file a civil claim which the limits will be unlimited.

You should also be able to recover for lost income for the trailer being unusable.

I guarantee you once they’re served with court documents, they’re going to quit pussyfooting around and you’ll get it resolved out of court.

RunningAces · Aug 7, 2023

boneebone said: ↑

If you want it fixed and they’re playing games, take them to small claims court.

If the cost of the repair exceeds the dollar limits of small claims court, file a civil claim which the limits will be unlimited.

You should also be able to recover for lost income for the trailer being unusable.

I guarantee you once they’re served with court documents, they’re going to quit pussyfooting around and you’ll get it resolved out of court.
Click to expand...

How does small claims court work at the interstate level? Like if I want to sue someone in Oregon for something that happened on the road in Idaho. But I am based out of Tennessee. Can you sue someone in your home state through small claims court?

Ridgeline · Aug 7, 2023

NWStone said: ↑

Thanks for confirming our suspicions, it did really feel like he was getting jerked around but since I don't know the industry I wasn't sure. My dad isn't great with internet forums but these are the main points of the situation that I can say without too many identifying details.

The issue is that the customer is refusing to hand over their insurance and when we pushed for it, well that's what the broker said. We actually called the customer's phone line too, but when they realized what it was about they basically transferred us over to the broker as well. So they're definitely acting on the customer's behalf, most of the ridiculous demands I believe have been from the customer and communicated through this (extremely frustrating broker).

The estimate we received is from the official dealership that's affiliated with his trailer. And everything is documented - he has pictures of the damage, of the worker holding the damaged piece that fell off, and written confirmation on the BOL. They even asked for additional timestamped pictures to prove that the trailer is still damaged, which he gave as well. They've already admitted fault so it's mindboggling that this has gotten so out of hand. Basically they will not budge from the position that: my dad needs to pay for the repairs himself, submit the bill, then wait while they "verify" the bill. No additional payment for downtime. So we just don't know where to go from there, other than I guess small claims (which getting a lawyer and everything is a headache in itself).
Click to expand...

OK here is what I would do at this point, time to get a lawyer involved.

Ask the lawyer if billing them for the damages in total is justified and if they say yes, send the company a bill for the damage and give them 30 days to pay up.

This will mean you will have to pay for the repairs, and the boll reflects the losses through the downtime and add into all expenses to recover the money, once they reject the bill, don't even bother with any negotiations, file in the court where this happened (your lawyer will do this) for the bill and additional damages plus legal fees. NOT small claims court.

Your lawyer may also include the broker, which they have some liability involved with this.

They will try to move to get it out of court to settle it, which is up to your dad if he wants to or not.

I have gone through this crap a few times and know their games.

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