Help!! Claims against Insurance

[TheKid]

I know there are some truck drivers in our group and maybe some people that have been in my situation.

 

Incident:

Traveling south on I-77 in SC. Truck blow a tire on his truck not trailer. The tire was moving and I couldn't avoid from hitting it without hit other cars. Truck pulled over. SCHP showed up and did an incident report, but reported that I struck the tire in roadway so it sounds like it was just sitting there.

 

Got back home called my insurance company they filed against the trucks insurance company. I got the adjusters contact info and contacted him.

 

His response (truck drivers Ins Adjuster):

We got the truck drivers records stating the tires was fairly new with only 2000 miles on it and his records that he checks his tires regularly. So we believe it was a faulty tire and it is not our liability. We will trace down the truck company that did the onside repair and see if they have the tire and you (me) can file a claim against Goodyear.

 

My response: It is not my responsibility to file against goodyear that would be yours (truck ins) if you believe the tire is faulty. That they should pay for my claim and repair my motorcycle. Then they file against Goodyear to get their money back.

 

What is everyone's thoughts and or experience with this?

[Trader]

if a rain gutter blows off a house and breaks your window would file a claim agianst the house owner or the contractor?

 

Seems pretty obvious that it should be the truck company's insurance!!!

But of course they will try to avoid anything they can.

[SilvrT]

The trucking co's insurance should pay up front, not hold you on the hook while they go after Goodyear or whoever. Can you imagine if all ins co's did that how many folks would wind up waiting forever to get anything. geeeesh!

[playboy]

Maybe to late now but find out if the trailer belongs to the company pulling it. A lot of trailers are leased out and are just dropped and hooked it may belong to someone else and I would file on them also. I know you shouldn't have to this but if they don't pony up report them to FMCSA the Dot in your state, you might even contact OOIDA they may be of assistance. The trucking company doesn't want you with the Govt. . If it happens to be a owner operator start calling him and holding him personal responsible. He sure wont be happy after all the money he has dished out for ins. I know I wouldn't be.

[KIC]

Had similar situation and the trucking company denied claim . Filed small claim lawsuit. They failed to respond. When I filed a lien on the semi their legal called and paid all expenses. They probably won't pay

atty to show up to fight it . They will probably want to settle once you file. If not put a lein on the semi and force a sale of it.

 

Good luck.o

Edited March 21, 2012 by KIC

[flb_78]

The truck's insurance should pay and then go after the tire manufacturer or installer. Most likely they just installed brand new retreaded tires, not brand new tires and the retread came apart. Doesn't matter, it still came off the truck. Their problem.

 

BTW, how's your neck, it looks a little sore or maybe your upper back/shoulder muscles are hurting now from having to keep the bike steady.

[TheKid]

Thanks for everyone's responses. I am thinking the same way everyone else is. The tire came of the truck so no need to trace the trailer down. The truck is not owned by driver the company (venture logistics) owns it. I have filed with my insurance company so that I can get it repaired. I am going to ask them if they are going to go after the other company if not I believe I will file a law suit against them. It is not my responsibility to research how old a tire was, miles, and if it was probably maintained. That should be up to State Auto Mutual Ins (the trucking companies insurance). Another thing that strikes me odd is that after I talked with the adjuster, I have tried to call back and move up the chain of command and I can not get them to answer the phone now. I guess I need to just lawyer up and take them to court.

[jakester]

The adjuster is just that. Many are independant of the company they represent. call the truck insurance company direct. Request another adjuster. However, Your ins will pay under uninsured/underinsured clause and go after the truck insurance.(usually a $200 or so deductible on your policy for this) It will also pay as under colision but you will be charged for a wreck. If the truck insurance feels the tire was faulty, on installation or manufacture,the truck insurance should make you whole, then subregate the claim to whoever. All that occurs behind the scenes, all you should see is a check.

[playboy]

My bad my glasses must have been dirty Didn't read your post correctly the first time. Hope you get this resolved quickly.

[flb_78]

Honestly, I would send the claim to the trucking company. Most will pay out of pocket just to not have an accident on their history.

 

I had a trucker back into my pickup and pushed the bedside in. I sent the estimates to the company and they cut me a check for $1700.

[MikeWa]

You are just being jerked around a little. The truck co is liable and they know it. They just don't know if you know it. Their theory is deny and delay and you will probably just go away. As said above a lien on their truck will get their attention. Or subrogate the claim to your insurance company. They know how to collect.

Mike

[kwisor]

hello

i had a old lady pull out in frt of me. i had to slow down and hit breaks the rider behind me ran into me from behind me. did over 4000.00 damage to bike i got a atty becouse myself and the other rider got hurt him more then me anyway the atty said to have my bike fixed by my ins co becouse the lady said she was not a fault she did not hit anyone but got tickit her ins co said thay where not going to pay. my ins fixed my bike. thay went after her ins co to pay them back. thay did and i got my deductable back and settement for the inj. me and the other rider so if you have full coverage get it fixed and let ins co fight it out that is why we have it

bumble bee

[TheKid]

Thanks for everyones help. It does look like there will have to be a lawsuit filed against this truck insurance. I am now dealing with my own insurance so that I can get the bike fixed in the mean time. If my insurance decides not to follow through with going after this company. I believe I have the right to do so. Once again I contacted the truck insurance adjuster and he was very short and rude. I asked for his super and he said she wasn't in. So I asked for her direct line and he gave it to me then hung up.

 

I think this is going to be a lot of fun. Everyone hold on I believe this is a bumpy ride.

[TheKid]

Heads up to everyone. The Truck insurance just called and told me they are denying the claim. I had already filed a claim with my insurance to get the bike fixed. So I called my adjuster and told them that the other denied the claim and that once I get the letter I will fax it over so that they could go after. My insurance is already getting a liability adjuster involved so that they can go after the truck insurance. we will see where this goes. I guess it is a good thing I pay my insurance, LOL.

[utadventure]

Robert-

 

Keep after your insurance company. They will help get your bike repaired but will look to you to pay your deductible. So you will be out that amount while they subrogate with the trucking company's insurance.

 

They may look at the amount and decide it doesn't make financial sense to pursuit at which time you'll need to point out that they need to reimburse you if they don't want to fight for your money.

 

Dave