rear ended

Discussion in 'Lawn Mowing' started by beck, Nov 5, 2000.

  1. beck

    beck LawnSite Senior Member
    Posts: 432

    The other day while on the way home I was rear ended by a tractor trailer, while towing my new(as of Monday) Haulmark trailer.

    I got out and walked to the back of the trailer expecting to see major damage. To my surprise there was only a baseball size hole in the ramp door, a busted taillight, and a bent handle bar. Heck I can live with that just a minor repair. Right?

    Then I looked at the hitch connection. That was a different story. My hitch was bent giving about 3-4 inches of ground clearance. Then I looked under the truck. Hitch attached to frame = bent frame.

    The coming weeks should be interesting dealing with insurance companies. I'm sure they are going offer me a ford escort to replace my 1/2 ton pick up.
  2. awm

    awm LawnSite Gold Member
    Posts: 3,354

    My sympathies.The type of thing everyone dreads.
    good luck
  3. guntruck

    guntruck LawnSite Senior Member
    Posts: 527

    Good Luck pal, your luck hasnt been so good. Look at it this way it doesnt seem it can get much worse, or can it? Hope all goes well =)
  4. landscaper3

    landscaper3 LawnSite Bronze Member
    Posts: 1,354

    Beck, as far as a replacement auto while yours is being fixed, tell the insurance company you need a pickup, for your use of a truck is your business and is needed. Then if you have a local HERTZ Equipment Rental they rent out 99-2001 Ford F150;s with trailer hitches, Be very pacific in telling the insurance company that a car or $35.00 a day will cut it if you worked for someone but you dont and your job and income depend on a rental truck. They can be hard to deal with and if you still do not have satifaction you can always say OOOHHHH!!!! my neck hurts that will change there minds in a hurry.
  5. osc

    osc LawnSite Senior Member
    Posts: 502

    I got rear ended 2 years ago whilst driving my truck with no trailor. Totalled the car that hit me and bent my bumper and damaged the tailgate. I was really nice to the lady that hit me but her insurance co. was State Farm. It took me 13 months to collect for the damage. I had the displeasure of meeting the biggest anus of an adjuster that I have ever met.
  6. Likestomow

    Likestomow LawnSite Senior Member
    Posts: 997

    If your truck isn't driveable, you should simply go rent a truck and not wait for the other person's ins. co to approve it. Your claim is a liability claim, so the (reasonable) cost of a rental for you really doesn't matter. They probably won't approve it first off, because that would be admitting liability on their part - it may take some time. I wouldn't be able to wait for someone else to decide, if my livelihood depended on having the use of the pickup. In the end, the cost of rental will be part of your claim, just like the repairs and any possible injury.

    The other point is who is at fault here. Even though the other person hit you from behind, you are looking at a civil matter. Insurance companies weigh blame and usually assess some to each party. It could be 90/10, 80/20, etc., but realize you may or may not have to live with some of it.

    If I were you, I would not be talking to anyone at State Farm about your loss or settling anything with them. The reason is (as some have already found out) they can be the worst at giving a fair settlement.

    Deal with YOUR insurance adjuster and handle it like it was a claim on your collision coverage. Now that would mean you'd have to (temporarily)lose the amount of your deductible, but that probably wouldn't be more than $250 anyway.

    I have Farm Bureau for my auto/truck/trailer insurance, and on a recent accident where my car was totaled, they offered me about 1/3 more than State Farm would. The lady who hit me had State Farm, and as soon as I figured out what they were up to, I quit talking to them. My adjuster told me they would be low, but I was trying to get a little more out of him, until I heard SF's offer.

    Take charge of the situation and deal from a stand-point of strength. Tell them what you need, don't ask what they will give, that is weakness. Listen to your insurance company's adjuster and take his/her advise. If you are in the right, you will prevail in the end.
  7. John DiMartino

    John DiMartino LawnSite Silver Member
    Posts: 2,555

    Whenever you get stuffed in the rear-it is prettyy much a 0-100% blame on vehicle#2-the following one.What you do is make sure the officer that makes the report has in his report that your brakelights were working-make sure you check them-if they arent smashed-but still most work even when the lense is busted.This will eliminate you from getting the blame on basis of equipment failure.Beings a tractor trailer hit you-did you check his Dailey log?Was he loaded?If so I wouldve called out the State ploice or DOT and request it be weighed ,if he was overweight-you would get big$$$$$.IF he was over on his hrs in his log-or it was not current-they are in trouble.If brakes on his truck were out of adjustment-big $$ for you.Im not sue happy-but if it was caused by his neglect and or unsafe equipment-you should be compensated for it.If you have neck injurys-you will suffer for the rest of your life.I think this is pretty easy,I think you will get 100% of the damage done to your vehicle and trailer.I git rear ended last year in my Dad's chevy,his insurance Co had a check in my hand in 24 hrs for the full amount of damage+rental for the days in is in the shop.

    [Edited by John DiMartino on 11-06-2000 at 01:46 AM]
  8. bob

    bob LawnSite Platinum Member
    from DE
    Posts: 4,254

  9. cantoo

    cantoo LawnSite Silver Member
    Posts: 2,910

    My wife got rear ended in our van a few weeks ago, we picked it up Thursday night, got the front end touched up while we were at it. Friday night on the way home from a job she toasted a deer with the front corner, $2000 damage. Two years ago I hit one with the same van, $12500 damage the next week I hit one with our truck, $5000 damage. This week I borrowed my Dad's truck while the van is being repaired, the wood chipper strap came loose and the chipper when thru the back window. The same day my wife decided to try out the gas powered hedge trimmer,,, 3 stitches in her knee. I think it's time for a winter rest. I'm not going to bother wasting money on lottery tickets thie week,, it's been all bad.
  10. John DiMartino

    John DiMartino LawnSite Silver Member
    Posts: 2,555

    Man you have got a streak of bad luck-stay away from mirrors and black cats.Good thing the season's winding down-you would either loose your insurance carrier or warrant a federal investigation if this kept up,LOL.

Share This Page