a car backed into my trailer what to do ?

Discussion in 'Lawn Mowing' started by poghead, Jul 13, 2003.

  1. poghead

    poghead LawnSite Member
    Posts: 29

    Well it happened . I was driving through a parking lot , someone backed out and into the front right corner of my trailer .

    Mowers crashed into each other , damaged backpack blower , stringtrimmer , chute in the walker now not working , walker also not tracking stright . All this plus the damage to the trailer . The man got out looked at the trailer and told me this is no big deal you only have slight damage and you where the one in my blind spot.

    Well at that point I called police and got an accident report . He was found at fault .

    I have not heard back from him as of yet . Now just what should I do ?
  2. Popsicle

    Popsicle LawnSite Member
    Posts: 189

    Did you obtain his insurance information? I would contact them immediately and let them know some of your equipment needs to be repaired/replaced ASAP as this is your livelyhood. I would also take digital pics of everything involved.

    In addition, notify your carrier and if there is any delay in getting this resolved with his insurance, see about getting it taken care of with yours and sueing his.
  3. roscioli

    roscioli LawnSite Senior Member
    Posts: 749

    Had you already notified YOUR insurance company? Notify them and then ask them what the next step is.
  4. Runner

    Runner LawnSite Fanatic
    Posts: 13,494

    You are not GOING to hear from him.... At this point, is when you contact your insurance co.. They will contact his co.. Do you have full coverage? If not, it will be up to you just to collect from him in a cilvil suit. Get estimates (a few for each item damaged), take pictures....alot of them - film is cheap. Have the police report, and contact him, to see if he is willing to rectify the situation (doubtfully so). If not, you say. "See you in court!". Then, he will be paying all the costs, along with the court costs. Also, from this point, DOCUMENT all time lost that the Walker can not cut.... this may be accountable, also. If this damage is something rather great, you may want to seek the advice of an attorney, as well. I'd almost recommend that for a case like this, anyway, if you end up going in against the insurance co.. Good luck with it, and I'm sorry to hear this.
  5. Rick Jones

    Rick Jones LawnSite Senior Member
    from NY
    Posts: 427

    I wouldn't notify my insurance if I were you. WHY? Because your involving your insurance is often only beneficial when it is YOUR fault, which the officer already determined it was not. You need to contact HIS insurance, and submit a damage claim. If they are a somewhat responsible insurer, they will send an adjuster out to assess the damages and determine the amount of the claim. However, the fact that a trailer and mowing equipment were involved could make things a bit more interesting. I would definitely get some repair estimates on all of the equipment involved so you can try to get fair compensation. More than likely they will try to give you less than you deserve. At that point, if you feel it is worth it, then you can look into the services of an attorney or contact your insurance company.
  6. Albemarle Lawn

    Albemarle Lawn LawnSite Bronze Member
    Posts: 1,544

    Been there done that.

    Legally it is no-fault because it is on private property. Even thought the officer SAYS it was the other guy's fault he can't charge him.

    It is up to you to go after him. Hopefully he gave you insurance info as previously posted.

    If not you will have to start stalking him (legally). Find out what assets he owns (real estate is listed with localities). Hopefully he either has insurance or assets or is honest enough to pay. If not, hopefully you have insurance.

    You might have to sue him to get his attention, so sue.

  7. mowerman90

    mowerman90 LawnSite Bronze Member
    Posts: 1,491

    Way back in 1979 my wife was hit in the parking lot of a shopping center by a large 4 wheel drive vehicle. The woman who hit my wife was married to an attorney. After the police came the woman refused to speak to the police. The police ruled that it was the womans fault. When all was said and done the insurance company's ruled that we were 50% at fault for being on private property to begin with! We had to have out insurance pay for all of our damages. This is the reason that to this very day when in private parking lots I WILL NEVER stop for stop signs or obey speed limits. I can't wait for a cop to stop me either. Yes, I am bitter. So I guess what I'm saying is that when on private property you're SCREWED, plain and simple, no matter who's fault it is.
  8. hunter

    hunter LawnSite Senior Member
    from Texas
    Posts: 254

    i had a guy back into my truck, in a parking lot, and our bumpers locked. Like you had the police do a report. They want cite him for anything but at least you have a report on file, this helps when filing the claim. The tow truck did more damage than the accident just prying us apart. He was at fault and his insurance paid the entire bill to have it repaired, including the cost of a rental truck.

    I just filed with his insurance co. and never reported it to mine. But definitely start with his insurance co. If they don't cough up the repairs, then file with yours. And then let your insurance file the suit against him. That's what you pay them for. Any monies they collect over thier fees and costs you get.

    And do keep a log of any cost and losses you incur, including and loss of value for the repair of your equipment and trailer, if they choose to repair it. This means if the choose to repair any equipment there is a loss of value because it has been damage and repaired. And this is collectable under any insurance plan.

    Let us know how this works out for ya.
  9. CMerLand

    CMerLand LawnSite Senior Member
    Posts: 393

    I wanna see these pics!!!!! Of both his car your trailer cause if Im the insurance adjuster I aint buying most of this story. How fast were you driving through this parking lot and how fast does this guy back out of a parking space? From the sounds of your claimed damages this guy would have had to rack that trailer REAL hard to throw the equipment around like that, and if thats the case he aint gonna get out and say "Oh you have minimal damage."

    Your claiming all this damage cause this guy backed into your trailer. Okay trailer damage Id buy. Weedeater and backpack blower, hmmm, maybe but why were these secured so as not to get tossed around in the event of an accident. The walker mower chute and not tracking straight? NOT a chance, unless he ran right into the mower itself. How is an indirect hit to the side of a trailer, going to affect the speed and tracking of a mower hydro unit internally surrounded by a mower and im assuming the deck chute???

    Please post us some pics, or start working on a better story for the damaged equipment so you'll have it down pat for when the adjuster shows up.

    And trust me Ive been through the hit trailer thing as a woman hit our parked trailer, totaled the trailer and tore the hitch frame off of the truck.

  10. lawnman_scott

    lawnman_scott LawnSite Fanatic
    Posts: 7,547

    Its not your responsability to make sure everything is tied down in case of an accident, unless you have a seatbelt law for blowers and weedeaters in your state. I would contact his ins co, and tell them that you need to rent equipment till yours is fixed. The same think happened to me, and i got all new equipment, minus 10% for wear and tear on it. I felt reall lucky, and they paid for rentals as well while they didled around getting me my money.It only took about 10-12 days to get my money, but had to hound them daily.

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