Question
Over two years ago a pick up truck ran into the back of the trailer on our tractor. The passenger in the p/u ran up and said, we just hit your trailer. (The rig was stopped in traffic.)My driving half pulled into a parking lot and called the police, exchanged info, took his pictures, etc. He was empty, but under dispatch, on his way to pick up.
Police came out and looked over the vehicles and said that CA being a no fault state the respective insurance companies would take care of each themselves. They issued no tickets nor made any report.
The p/u driver's ins co. contacted us, we sent them statements, diagrams, pictures, names, badge no and jurisdiction of officers.
They then determined that my driving half was at fault and billed us for their expenses in fixing their client's pick up.
We turned it over to the Carrier's insurance co. to handle. Round and round with this other insurance co we went until they gave it to a collection agency and we are still getting notices.
The collectors tried to tell us that the carrier's insurance co. denied coverage. Clarified that with them and they said denied coverage...not the claim...the coverage itself. They said if we sent a written request, they'd give us copy. We did. They didnt. Have demanded it over and over and also tried demanding it under the freedom of information act...no response, nadda, except for more calls and billings.
Talking with our co.'s adjuster however, he said he denied the claim..not the coverage ...because his insured was not negligent and therefore his co had no liability in the matter.
Okay,Questions:Pick up drives into rear of a stopped trailer and his insurance co. can just up and decide we should pay?
Then they can lie to us, bug us with phone calls and billings and threatening legal action, including "possible suspension of driver's license" for almost two years?
If they want to bug someone, shouldn't they be bugging the insurance co. that provided the liability coverage and then denied their claim?
And for that matter, shouldnt I expect the insurance agent or someone from our carrier's insurance co. to get involved? All they've done for me so far is tell me how to call the adjuster for a copy of his letter to the other insurance co denying their claim. Which he said he would dig out and send, but never has.
These people are beginning to seriously annoy me. Got their "Final Notice" just today. Geesh, I wish.
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Betterhave
Answer
I would quickly request a copy of your credit report. Next, get yourself a lawyer. I hope you have documented all conversations with whom, when and subject matter.
You may have a case for harassment, defamation of character (if anything detrimental to your credit is found) whatever else, I have no idea. At the very least, you need to find out if you can truly be held liable for the accident.
Also, consider asking Opie, in the Law Forum, for the legal side of it.
Answer
I agree with Retread. If you were operating under the direction and/or dispatch of the motor carrier, the motor carrier's insurance company would be responsible to the public. However, if the facts prove that you were not negligent and the claim is denied, the other carrier "can" pursue the driver and/or owner-operator.
It becomes a matter of how much brass do they have and how far they want to go.
In the meantime, they can make your life miserable. So, document everything and contact Opie for a legal opinion.
Best of luck.
Connie
Answer
Okay, I just did a cut and paste to the legal forum to save Opie the walk over here. My sense..hope..is that they are playing a game of chicken. I think that if they do sue us then the insurance co is responsible to defend us. At this stage, I am so sick of them that I feel like, shut up and sue somebody, A-hole.
But, since I just got the opening letter from another insurance co. whose insured ran a stop sign and plowed into the tractor back in Sept, that this is a real good time to find out. I was just about to see how the mini tort thing worked here in Mich to see if we could get our deductible back from them and now, getting this letter asking for our insurance information..I got that deja vu feeling.
This time though, its our bobtail coverage that comes into play and so I am at least dealing directly with our own trusted insurance company.
These four-wheelers who throw themselves into the big trucks must see a flashing sign that says $$$$$$$$ !
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Betterhave