Question
Connie,
I have an interesting question for you.
I will deliver a damaged auto tomorrow, it was damaged in transit, but through no neglect of mine.
I parked the truck in a secure, well traveled area. Went across the street to the Waffle House, when I returned someone had passed by and shot the drivers side window out of a 1987 Porsche.
A police report was taken, it was determined to be vandalisim, which I could have npt prevented.
Who's responsible? I have $500.00 deductible on MY coverage. Will I pay, will the cargo insurabce pay, (it also has a deductible, not sure of amount), will the auto owners insurance pay?
I will let you know what actually happens as it unfolds.
Monty
Answer
Monty,
Before I can answer your question, I need more information. But, keep one thing in mind, the owner of the car must be made "whole".
Now, are you leased to a motor carrier that provides primary liability and cargo under the terms of your lease? If yes, then the cargo policy should respond subject to the deductible. If there is a deductible and you accepted that when you leased to the company, you will be responsible for that agreed amount.
If you provide the primary liability and cargo, then your cargo policy should respond. Notify them immediately. Normally, they pay the third party and ask the policyholder to reimburse them the deductible.
Please do not attempt to settle the claim yourself. It can jeopardize the insurance company's position and could cause you additional difficulty.
As for the auto owner's policy, if he chooses to file a claim, they may respond, but I'm sure they'll be looking for reimbursement through subrogation and that means coming back to you and/or the motor carrier.
Please let me know how this goes.
Connie
Answer
An update:
Risk Management at Hot Shot says the claim WILL be covered under the cargo insurance. However ... it was critical that I had a police report done. Otherwise it would have been a determination of whether it had occoured as a result of vandalism or my own actions.
Monty
Answer
If you don't have to contribute out of your pocket, then I guess that's ok. The Police
Report is used as a means of future protection in the event it is determined you were responsible, then filing a "false police report" can be used as a means of prosecution.