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 > Another Rear End Accident Story

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Walaby

Georgia

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Posted: 08/05/19 05:10pm Link  |  Quote  |  Print  |  Notify Moderator

Glad everyone was okay.. That's first and foremost.

I think a lawyer consult is wise.

I can't believe how some people imply filing a false claim, or making a false statement is somehow "okay". Im all for being compensated for real loss, but faking injuries etc to use as leverage just leaves a slimey feeling that I hope you are above.

I think you should be compensated for actual loss of use. I also would agree that in many cases, that calculation of loss time generally would reasonably end with the settlement payment. The insurance company has no way of knowing if it will be 30 days, 60 days, or two days for you to buy a new RV and truck.

OP - you don't sound like someone who would make frivolous lawsuits. Hope that's correct. I just find actions like DowntheAvenue is advocating are unethical and immoral. Im sure the next comment will be a way to justify that behavior as a result of the behavior of others, or of unscrupulous lawyers or insurance companies.

Glad you're okay.. Hope all works out for you.

Mike


Im Mike Willoughby, and I approve this message.
2017 Ram 3500 CTD (aka FRAM)
2019 GrandDesign Reflection 367BHS


Thom02099

Loveland,CO

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Posted: 08/06/19 06:38am Link  |  Quote  |  Print  |  Notify Moderator

Walaby wrote:

Glad everyone was okay.. That's first and foremost.

I think a lawyer consult is wise.

I can't believe how some people imply filing a false claim, or making a false statement is somehow "okay". Im all for being compensated for real loss, but faking injuries etc to use as leverage just leaves a slimey feeling that I hope you are above.

I think you should be compensated for actual loss of use. I also would agree that in many cases, that calculation of loss time generally would reasonably end with the settlement payment. The insurance company has no way of knowing if it will be 30 days, 60 days, or two days for you to buy a new RV and truck.

OP - you don't sound like someone who would make frivolous lawsuits. Hope that's correct. I just find actions like DowntheAvenue is advocating are unethical and immoral. Im sure the next comment will be a way to justify that behavior as a result of the behavior of others, or of unscrupulous lawyers or insurance companies.

Glad you're okay.. Hope all works out for you.

Mike


Thank you, Mike, for your response. I am not one to file a frivolous lawsuit. Given a preference, it would be to not have to take ANY legal action. I simply want the insurance company for the other driver to do the right thing, and make it right. Grasping at straws? Perhaps. But this is where I believe in the power of the law, and in this situation, I believe that the law is on my side. I don't make the rules, I'm simply trying to play by them. Consulting an attorney helps me play by the rules, because right now, I don't know all the rules. An attorney does.

I am in complete agreement that, once a settlement figure is reached, and PAID, then any loss of use ends at that point. I'm not looking for a "golden goose", but my expectation is that, since I have reservations made 6 months ago, I should be compensated for not being able to use those reservations, and recoup expenses involved. The storage lot is a bit more tricky and I completely understand that. The trailer is currently there. Therefore, there's no loss of use. My belief is that the trailer will likely remain there until an insurance company tells me it's a total loss and takes possession of it. Until then, I've paid for the storage, so I will continue to use it.

I've got an appointment set to have my GMC Sierra looked at, to get an estimate on the bumper/hitch repair. The trailer is going to be appraised by a specialty company, and I'm just waiting for them to reach out to me to set a date/time to look at the damage.

* This post was edited 08/06/19 06:57am by Thom02099 *


2007 GMC Sierra SLE 3500HD Dually
2007 Keystone Outback 25RSS

DownTheAvenue

Sunny South

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Posted: 08/06/19 07:18am Link  |  Quote  |  Print  |  Notify Moderator

BarneyS wrote:

DownTheAvenue wrote:

Snip...
If you had personal injuries, your leverage with the insurance adjuster would be much stronger. Isn't your back hurting now from the force of the wreck? Perhaps you should be having pains that require medical attention.

Sounds like you are advocating he file a false claim! [emoticon]
Barney


Quite the contrary, very often injuries are not immediately noticable and days after a wreck is when the soft tissue damage is felt. Sometimes people don't associate the sudden pain and injury with the wreck that occurred earlier.

Grit dog

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Posted: 08/06/19 09:34am Link  |  Quote  |  Print  |  Notify Moderator

Sounds cliche, but squeaky wheel gets the grease. With a 100% at fault police report, I'd think you or your ins agent could lean on the at fault's insurance to compensate for a rental camper until a settlement is reached. Fortunately, haven't been in a bad traffic accident in alot of years, but last one, took a couple months for full settlement on a totaled vehicle and rental was compensated by the at fault parties insurance the whole time.
In the mean time, if your trips are that important to you and you are somewhat certain that your camper will be totaled, have a plan to replace it immediately upon settlement.


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down home

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Posted: 08/06/19 01:14pm Link  |  Quote  |  Print  |  Notify Moderator

Thom02099 wrote:

The scenario:

On 07.29.19 travelling southbound on I-69 at MP 221.6 outside Anderson, IN. This is in a construction zone, with a posted speed limit in the work zone of 55MPH. There is a Y configuration for the lanes, the right lane going one direction, the left lane going another direction, and the construction in the middle/closed lane. There was a previous/similar construction zone about a mile prior to this one.

A UHaul truck stops suddenly in the middle of the Y median. The car directly behind it, and directly in front of me, brakes to keep from hitting the UHaul, as she has nowhere to go. I also brake to keep from hitting the car, and appear to have avoided it, when I hear a crash behind me, and am pushed forward into the car by a Freightliner semi who rear ended my trailer. We all get out of our vehicles to see if anyone is hurt; there are no injuries. No airbag deployments either, we were going approximately 40-45MPH. We all move our vehicles out of the roadway, and I call 9-1-1 to get law enforcment to respond. We all also exchange information, with the exception of the UHaul driver who left the scene. I take lots of pictures of the damage to my 2007 GMC Sierra SLE 3500 dually and my 2007 Keystone Outback 25RSS trailer.

Indiana State Police Trooper arrives, takes a look at all the vehicles, gets all our information. Provides me with an instruction sheet as to how to get a copy of the report, and states that the driver of the Freightliner is 100% at fault, that he had a duty to be far enough back as to avoid an accident. Driver was cited.

I asked the trooper if he thought it was safe for me to drive my rig, he took a look at it (he's a trailer guy too), said it looked like everything was OK to tow, but recommended a local RV dealer if I wanted to have it checked out. Took it to that dealer, they said the hitch and bumper on my GMC would need to be replaced, and that they could sell me a hitch. They also recommended a local Chevy dealer to check out the bumper. Drove over to them, they said the bumper would definitely need to be replaced, and emailed me an estimate. I asked both of them if the rig was safe to drive, to go back to Colorado, neither would give me a definitive answer. Thought I was going to be stuck there for a few weeks.

I called Liberty Mutual again, they said I could go to a local collision repair place and get an opinion, and gave me the names of 2 in the Anderson area. Went to one of them the following day. Appraiser there said the frame was good, the bumper, though damaged, was still tight, and that the hitch also appeared to be tight, though bent downward due to the angle of the bumper. He said there was a hitch place near by, if I wanted to get another opinion, so went over there as well. Guy there inspected the hitch, said that it looked tight, thought it was missing a nut and that part of a bolt had been sheered off, but was still in tight condition. I asked both if they thought the rig was driveable back to Colorado, both said yes.

The Freightliner driver drives for Watkins and Shepard Trucking/Schneider National Carriers and has Old Republic Insurance. He had already called in a claim when I called them, they said it would be 24-48 BUSINESS HOURS (presumably meaning 3-6 days) before a claims adjuster would be assigned and contact me.

In addition to the damage to the bumper of my GMC, the trailer sustained significant damage. The rear bumper was pushed up and inward, peeling back off the support strut, the spare tire carrier was pushed into the rear wall of the trailer and in to the interior of the trailer, where a step was damaged, along with both of the benches for the dinette. The rear slide out handle was damaged, and the slide out will not slide completely out. Appears that part of the roof support also has come loose, and there is damage to a cabinet in the slide out. Both of the stairs for the door entries were also damaged, making it difficult to deploy the stairs, and the rear door doesn't close correctly. That is what is visible, I don't know if there's damage underneath.

Was able to make it home to Colorado safely (3 days coming back), got back here on Friday, 08.02.19. Now awaiting contacts on my various claims. GMC will be handled by a collision center near by. The trailer will have an inspector come out a see if it's repairable or will be totalled. I'm also going to call a service I've used before and have them inspect it as a disinterested 3rd party, to give me an approximation on repair costs. And YES, I do plan to, at minimum consult an attorney.

My insurance processor said that, in the event that the trailer is totalled, they would pay off the lien on the trailer and they go after the other driver's insurance, for my deductible among other things. They would also pay the collision center direct, again minus deductible, for the repairs to the GMC.

My guess is the trailer is totaled, as the entire rear portion of the trailer would need to be replaced as well as removal of the rear slide out to even make any repairs.

My questions:

My insurance pays off my trailer lien then presumably goes after Old Republic for that payment, plus my deductible for both vehicles. But who pays for loss of use? I've made reservations at a variety of campgrounds for the remainder of the summer/fall, that I will now have to cancel, and will only get a partial refund. Also loss of use, who pays for the trailer storage that I paid for in advance? I have 5 months of storage paid for and nothing to store, if it's totaled.

There is also the "making it right" part of this. Indiana is an "at fault" state, so with the other driver being 100% at fault, it seems to me that his insurance company is responsible to make this right, yes? I didn't ask to be in an accident, their driver was negligent, and now they should cover the cost of a replacement trailer, yes?

Hope to have some answers later this week, but it's so frustrating to be in limbo, playing a waiting game. I know, it's likely to be a long drawn out process.

Opinions/thoughts/suggestions?


If you subrogate your claim to your Insurance, s you have, have through discussion as to coverage, even if totaled he may only offer book value and then it is up to you get a new replacement value difference. And loss of use and loss of value and extra cost for travel, and motel etc are all viable legal claims. Talk to the other insurance co after talking to yours about this and don't sign anything without thorough understanding of what you are signing, from them. We have the claims above what our insurance Co covered taken care of promptly by other party's ins promptly and satisfactorily, but if you can wait until you have check in hand and determine hand or agreement then talk to the other ins about the difference. If you have to a Lawyer can get it and ad his cost to it. You want fully made whole of all loses and extra cost involved including time from your vacation or trip, loss of value in your truck, as any vehicle, in a n accident looses a lot on trade in. We found that out, expensively from when, we had our toad hit in Indiana and went to trade months later. You Insuor may not/probably won't talk about that and neither will the other Insurance hoping you won't think about it.

4x4van

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Posted: 08/06/19 03:03pm Link  |  Quote  |  Print  |  Notify Moderator

DownTheAvenue wrote:

BarneyS wrote:

DownTheAvenue wrote:

Snip...
If you had personal injuries, your leverage with the insurance adjuster would be much stronger. Isn't your back hurting now from the force of the wreck? Perhaps you should be having pains that require medical attention.

Sounds like you are advocating he file a false claim! [emoticon]
Barney


Quite the contrary, very often injuries are not immediately noticable and days after a wreck is when the soft tissue damage is felt. Sometimes people don't associate the sudden pain and injury with the wreck that occurred earlier.

[emoticon] Please, quit while you're behind. [emoticon]


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Grit dog

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Posted: 08/06/19 03:15pm Link  |  Quote  |  Print  |  Notify Moderator

^Hes not behind, he’s ahead of the game..
No one is saying the OP needs to cash in on a fraudulent claim but if you think the insurance companies are going to be upfront honest and giving, you must have had a better experience than I with insurance companies.
It’s called fight fire with fire.

rightlaneonly

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Posted: 08/06/19 03:25pm Link  |  Quote  |  Print  |  Notify Moderator

Grit dog wrote:

^Hes not behind, he’s ahead of the game..
No one is saying the OP needs to cash in on a fraudulent claim but if you think the insurance companies are going to be upfront honest and giving, you must have had a better experience than I with insurance companies.
It’s called fight fire with fire.

My mama taught me two wrongs don't make a right


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STBRetired

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Posted: 08/06/19 08:28pm Link  |  Quote  |  Print  |  Notify Moderator

Grit dog wrote:

... if you think the insurance companies are going to be upfront honest and giving, you must have had a better experience than I with insurance companies......
I think it has a lot to do with the agent as well as the company. My MH was rear-ended by an elderly gentleman who mashed the gas instead of the brake when the speed limit changed fro 55 to 50. Appraiser (my company) had me take it to 2 different places for estimates and told me I could use either repair facility even though one was $3000 higher than the other. When I found out that it would take Newmar 2 months to make the fiberglass pieces, it was my agent who asked about my storage lot and who filed for 2 months rent loss of use. Never had an issue with my company and never had to talk to his about anything. They didn't ask for any sign off until I was completely satisfied with everything. Not all insurance companies are out to shaft their customers.


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Walaby

Georgia

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Posted: 08/07/19 04:38am Link  |  Quote  |  Print  |  Notify Moderator

Grit dog wrote:

^Hes not behind, he’s ahead of the game..
No one is saying the OP needs to cash in on a fraudulent claim but if you think the insurance companies are going to be upfront honest and giving, you must have had a better experience than I with insurance companies.
It’s called fight fire with fire.

And there it is....

Mike

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