Totaled truck (insurance/liability question)

Discussion in 'Ask An Owner Operator' started by newbelgrade, Sep 27, 2015.

  1. newbelgrade

    newbelgrade Bobtail Member

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    I was searching for a right forum to place this post. This seemed like a right place. Please move the tread if there is a better place. Thanks

    I just got one of my trucks totaled this weekend.
    Let me explain the situation first.
    I had a team running CT-OH load and in NJ some guy basically rammed them of the road.
    The guy that was driving had to steer and ended up on the shoulder where he lost control and ended up in the woods. There was another semi behind them who saw everything and waited there to explain it to the trooper.
    The other truck of course fled the scene (good thing is that it was noted on the report)
    The truck is totaled as far as I saw from the pictures

    Now, couple of questions:

    Who will be liable for this if they never find the driver of that other truck?
    Would he be considered at fault even if there was no physical contact (my guy just tried to avoid him as he was swerving at him)?
    I have a separate physical damage and evrything else (auto, general, cargo, trailer interchange...)
    I guess I should file it under physical damage but then we come to a moment where my drivers change trucks a lot! and it is really hard to keep track of that. At the moment this driver that was behind the wheel was not listed on the physical damage policy for that truck but is listed on our main insurance policy (again, they are separate, two different companies)
    Did anybody had/heard similar situations and what was the outcome?
    Any suggestions?

    Thanks
     
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  3. TripleSix

    TripleSix God of Roads

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    If they swapped paint, they will find him. They can tell by the paint the make and model of the vehicle. If there was no contact, the other truck did not ram him off the road, your driver failed to control his vehicle. And that could be argued even with eyewitness testimony. Tell your driver that the safest thing and the best thing to do is hold his lane.
     
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  4. gokiddogo

    gokiddogo Road Train Member

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    If they don't find the truck that rammed your driver off the road they will treat it the same as if it were a single vehicle accident. Someone has to hold the blame because someone's insurance rates have to go up because your insurance company has to make a payout. It doesn't matter if eye witness say you were rammed off the road, without finding that person.
     
  5. double yellow

    double yellow Road Train Member

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    I would be concerned that the driver was not listed on your policy.
     
  6. newbelgrade

    newbelgrade Bobtail Member

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    Well, the driver was listed on all the policies but he was not associated with that truck in particular for the physical damage one that is completely separate from the rest
     
  7. double yellow

    double yellow Road Train Member

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    Yeah, so any cargo claim or liability claim will be paid, but I think you'll be left holding the bag for the equipment replacement unless you have the world's greatest insurance agent (or unless they find the other vehicle).
     
  8. wichris

    wichris Road Train Member

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    If all the trucks are under the same physical damage policy the accident will be covered. Doesn't have to be married to a certain vehicle.
     
  9. simon999

    simon999 Light Load Member

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    This would physical damage policy, because your driver fault. The thing he is not listed in policy could be problem.
     
  10. newbelgrade

    newbelgrade Bobtail Member

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    Thank you guys

    All this triggers a question

    So what if the other driver fled the scene?
    It's the same if somebody pulls a gun at me and I OF COURSE start running and fall down or hurt my self while running. And there was a witness to all that.

    BTW what I didn't say is that the other truck was honking like crazy and flashing to pass them and then he just cut them off. Isn't that reckless driving and it should be considered a violation?
     
  11. simon999

    simon999 Light Load Member

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    Did your driver had dashcam? That would help a lot. I had accident 6month ago which totaled my truck, because some girl turned on red when I had green light. That video saved my a#$.
    Now, If I would be your second driver and pled guilty myself? Are you nuts?
     
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