Who is responsible for damage here?

Discussion in 'Car Hauler and Auto Carrier Trucking Forum' started by trucko, Mar 8, 2017.

  1. trucko

    trucko Medium Load Member

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    Aug 3, 2015
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    So before my company MC was under review I decided to make 1 temporary trip from East to West and back (My friend is always in need for drivers and he always calls me for emergency and pays higher percentage than usual)

    I did many stops and grossed pretty good, but on the way back, I was delivering one of the least cars in Virginia when something unpleasant happened.

    I was parked in the dealer parking lot and after delivering car I was getting ready to get out.

    The spot was tight and there were copart trash cars everywhere. I started backing. The owner of the place came and stood in the blind spot of trailer and directed me to back up. I did so and when I was going forward trailer tail swiped and damaged car on the left side. Not a big deal but anyway frustrating thing.

    He asked for my insurance and I also asked him to consider accepting part of responsibility because I was relying on his directions otherwise I was getting out from the truck each time I was backing up to make sure I am not hitting anything

    My lawyer says it is 50/50 situation, because it was his private property and he had right to direct me what to do.
    Even if he insisted I should have listened to him, cause it is his private property.

    On the other hand, I had to check my truck myself and should not have believed or trusted nobody, because they do not understand how trailers swipe tails left and right.


    Did you have similar occasion and who is responsible here. is it 50/50 case?


    Opinions appreciated
     
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  3. rearview

    rearview Medium Load Member

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    The guy on the ground is not the person with the hands on the steering wheel and foot on the gas.

    Operator is responsible for the movement of the truck.
     
  4. NuCar Carrier

    NuCar Carrier Light Load Member

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    You'll never get a right answer, it's such a gray area and you're not going to change the legal system with an answer, cut your best deal and move on.
     
    Ziggy319, HaulinCars, Terry270 and 3 others Thank this.
  5. RollingRecaps

    RollingRecaps Light Load Member

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    No Grey area on this. This is driver error. Your insurance will pay the claim. It will probably surprise you when you see the inflated claim the dealer will submit.
     
    Ziggy319 and HaulinCars Thank this.
  6. Terry270

    Terry270 Road Train Member

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    It's an unfortunate situation but it boils down to you the driver are responsible. I am willing to bet that none of us on here have never been guided by someone so this could happen to any of us. Be careful who you take direction from I guess. If it were me I would pay this out of pocket but also see if the owner would be willing to share some of the cost since he was supposed to be watching for you. Might get lucky
     
  7. Hulld

    Hulld Road Train Member

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    You will have to assume the responsibility unfortunately.
    It may be to your advantage though to ask them what the cash price is with no insurance.
     
  8. diesel engine

    diesel engine Light Load Member

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    Feb 18, 2015
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    You should deny and ask for a video. If he plays stupid why don't you. Very likely there was no damage on the trailer just wipe off dust before cops came that's it.
    Remember, never assume your fault, you probably didn't even see that happen. Life will teach you....
     
  9. pavrom

    pavrom Road Train Member

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    NE illinois
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    You have to look from different angles :
    I think it's your fault ...I never ever rely on other people directions , if I am not sure I will come 5 times out of truck to check , extra 10 min can cost you big damage . On the other side , what car was damaged ? How severe the damage is and how the owner is acting (" I know local body guy who can do it fairly reasonable " or " we have to make a claim and that's it " ) I have seen them all , all dealers have people who work on the cars for next to nothing and if I pay 600$ to respray the bumper , he does it do 100$ ...From other angle maybe your friend wants to get in and help out resolving this ( you are doing him a favor , making him money and at the same time it may cost you free day of work )
    I paid several times for damages of my driver's mostly because I knew it's rare case for him and I will not be hurt for $300 that much as he. If he is hard worker I respect him very much and willing to help out
     
    Terry270 Thanks this.
  10. Coolbreeze100

    Coolbreeze100 Medium Load Member

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    Ok rearview, you took me back to 1975. I had a 1975 Camaro and I had just installed a Kraco 8 track with am/fm with Jensen 6x9 coaxial speakers. South bound on Ga. 280 outside of Cusetta, Ga. and had The Outlaws playing. I was headed to Albany, Ga. to meet a few girls at the Sand Trap lounge in the Sheraton Motel. 19 year old E4 in the Army. Thanks for that great memory.
     
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