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Accident involving moving truck

The SnertThe Snert Registered User regular
So I got into an accident while driving a moving truck. It was a local move, and I bought the insurance offered by the company to cover any damages or accidents with the equipment. The accident involved me not clearing underneath a bridge properly. Now the insurance company through the moving company is saying I'm liable for damages, since it's part of an exclusion in the contract of the type of damage the vehicle sustained. I'm at a loss as to what my options are. When I bought the insurance, it was sold to me as "full coverage" for "any type of accident" since my own personal insurance carrier would not cover the moving truck. I'm kind of freaking out since the damages are over several thousands of dollars.

I figured I'd reach out to the collective, and get any advise if anyone here has been in a similar situation.

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    mightyjongyomightyjongyo Sour Crrm East Bay, CaliforniaRegistered User regular
    Normal disclaimers - IANAL, you should probably talk to someone more qualified, etc., but -

    It looks like you may need to look at the papers you signed and see what it says about this type of damage. It could, for example, really say "any type of accident involving another vehicle" which would in fact leave you shafted. You may also be SOL if the bridge/overpass had a sign saying "clearance - X inches" and you drove under it anyways, since it was clearly marked, and you did it anyways* - willful damage, even though you probably didn't think it would be a problem.

    *Not like you can just be all like, well, let me just turn around or back out in the middle of the street, but that's how it would probably go down...

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    BlazeFireBlazeFire Registered User regular
    Probably want to talk to someone local and more qualified but...

    Might be a good idea to try to get a measurement of the height of the truck (is it still loaded with your stuff?) and the actual clearance of the overpass (the signs aren't always accurate).

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    The SnertThe Snert Registered User regular
    It was a 14 foot truck, and I believe the bridge was 12 feet. It does say in the contract that any overhead damages aren't covered, which I guess means im SOL. Fuck.

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    PrimePrime UKRegistered User regular
    edited February 2013
    I know it was probably standard procedure, but does someone in transport know that the bridge has been hit? Cause that baby needs to be checked out.

    Prime on
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    The SnertThe Snert Registered User regular
    Yes, road crew and police came to the scene. Interestingly enough, the cop made a comment about how often that bridge gets hit each year...

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    BlazeFireBlazeFire Registered User regular
    The Snert wrote: »
    It was a 14 foot truck, and I believe the bridge was 12 feet. It does say in the contract that any overhead damages aren't covered, which I guess means im SOL. Fuck.

    Oh. Well. Sorry to hear about that.

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    ThanatosThanatos Registered User regular
    edited February 2013
    The Snert wrote: »
    So I got into an accident while driving a moving truck. It was a local move, and I bought the insurance offered by the company to cover any damages or accidents with the equipment. The accident involved me not clearing underneath a bridge properly. Now the insurance company through the moving company is saying I'm liable for damages, since it's part of an exclusion in the contract of the type of damage the vehicle sustained. I'm at a loss as to what my options are. When I bought the insurance, it was sold to me as "full coverage" for "any type of accident" since my own personal insurance carrier would not cover the moving truck. I'm kind of freaking out since the damages are over several thousands of dollars.

    I figured I'd reach out to the collective, and get any advise if anyone here has been in a similar situation.
    A couple of things: first off, IANAL. But if you were being offered "full coverage" for "any kind of accident," that's a potential misrepresentation on their part. Second, who told you that your insurance wouldn't cover the moving truck? Was it the guy trying to sell you the extra insurance for the moving truck? Because unless that person is a lawyer holding a certified copy of your policy, or your insurance agent, they don't have a fucking clue what your policy does or does not cover; they may have an idea of what insurance policies in general cover, but not specifically yours. Third, do you have a homeowners' policy? Because some of those policies are very broad, and it's possible you could have coverage, there. Fourth, did you use a credit card to pay for the moving truck? Does that credit card insure purchases? Again, another avenue to look into for coverage (though probably a very longshot). Fifth, it is almost certainly worth at least talking to a lawyer about this. Most will give you a free consult, and there are tons of lawyers out there who specialize in suing insurance companies. So, while I know that's stereotypical advice in this forum, talk to a lawyer.

    Thanatos on
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    DarkewolfeDarkewolfe Registered User regular
    edited February 2013
    Yeah, my insurance policy that I carry for my regular car covers rentals for me. Rental companies always try to sell me extra, because that's just free money for them.

    That said, you may not be covered no matter what you do, because you drove a truck through a place that was clearly marked as somewhere you shouldn't. Which is a shitty accident and I can totally see how that would happen. That really sucks.

    Darkewolfe on
    What is this I don't even.
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    The SnertThe Snert Registered User regular
    edited February 2013
    Double-post. Sorry

    The Snert on
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    The SnertThe Snert Registered User regular
    The person behind the desk who sold me the insurance for the truck and gave me the keys said that. It was like 17 dollars and I figured "why not" for peace of mind. I do not have homeowner's policy, but I did do the purchase through a credit card. Not sure if it would cover it, since its a longshot like you said, but I can dig deeper. Looking at my auto insurance's FAQ page, it seems (to me anyway) that my accident should be covered.

    -From my insurance company's website- "Yes. The liability coverages on your auto policy will extend to a small moving truck or van (as displayed below) rented from a home improvement store or moving company (at the same limits that you currently carry)." I rented a box truck, with less then 2000 lbs load.

    It seems like some back and forth is going on between my carrier, and the moving company's carrier on my claim. Since I got a call from them this morning to my shock and dismay that my auto insurance carrier won't be covering the damages to the truck.

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    Jebus314Jebus314 Registered User regular
    Thanatos wrote: »
    The Snert wrote: »
    So I got into an accident while driving a moving truck. It was a local move, and I bought the insurance offered by the company to cover any damages or accidents with the equipment. The accident involved me not clearing underneath a bridge properly. Now the insurance company through the moving company is saying I'm liable for damages, since it's part of an exclusion in the contract of the type of damage the vehicle sustained. I'm at a loss as to what my options are. When I bought the insurance, it was sold to me as "full coverage" for "any type of accident" since my own personal insurance carrier would not cover the moving truck. I'm kind of freaking out since the damages are over several thousands of dollars.

    I figured I'd reach out to the collective, and get any advise if anyone here has been in a similar situation.
    A couple of things: first off, IANAL. But if you were being offered "full coverage" for "any kind of accident," that's a potential misrepresentation on their part. Second, who told you that your insurance wouldn't cover the moving truck? Was it the guy trying to sell you the extra insurance for the moving truck? Because unless that person is a lawyer holding a certified copy of your policy, or your insurance agent, they don't have a fucking clue what your policy does or does not cover; they may have an idea of what insurance policies in general cover, but not specifically yours. Third, do you have a homeowners' policy? Because some of those policies are very broad, and it's possible you could have coverage, there. Fourth, did you use a credit card to pay for the moving truck? Does that credit card insure purchases? Again, another avenue to look into for coverage (though probably a very longshot). Fifth, it is almost certainly worth at least talking to a lawyer about this. Most will give you a free consult, and there are tons of lawyers out there who specialize in suing insurance companies. So, while I know that's stereotypical advice in this forum, talk to a lawyer.

    I would second the whole credit card thing. I'm pretty sure my american express covers rental car damages. So it's at least not a completely crazy idea.

    "The world is a mess, and I just need to rule it" - Dr Horrible
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    The SnertThe Snert Registered User regular
    Darkewolfe wrote: »
    Yeah, my insurance policy that I carry for my regular car covers rentals for me. Rental companies always try to sell me extra, because that's just free money for them.

    That said, you may not be covered no matter what you do, because you drove a truck through a place that was clearly marked as somewhere you shouldn't. Which is a shitty accident and I can totally see how that would happen. That really sucks.

    Yeah, I'm trying to cover my bases, but at the same time, preparing myself mentally if this is the case.

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    MelinoeMelinoe Registered User regular
    Darkewolfe wrote: »
    Yeah, my insurance policy that I carry for my regular car covers rentals for me. Rental companies always try to sell me extra, because that's just free money for them.

    That said, you may not be covered no matter what you do, because you drove a truck through a place that was clearly marked as somewhere you shouldn't. Which is a shitty accident and I can totally see how that would happen. That really sucks.

    Car insurance might still cover it, it'll just spike his premiums up. My dad scraped the side of his car against some object, can't remember what, and dented the hell out of his new car's door. He reported it to his insurance company and they paid to replace the door minus deductible... dunno what it did to his premiums and probably wasn't worth it in the long run but my dad's a bit short sighted. The damages in this case sound like they cost considerably more than that so it'd probably be worth it.

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    ThanatosThanatos Registered User regular
    The Snert wrote: »
    The person behind the desk who sold me the insurance for the truck and gave me the keys said that. It was like 17 dollars and I figured "why not" for peace of mind. I do not have homeowner's policy, but I did do the purchase through a credit card. Not sure if it would cover it, since its a longshot like you said, but I can dig deeper. Looking at my auto insurance's FAQ page, it seems (to me anyway) that my accident should be covered.

    -From my insurance company's website- "Yes. The liability coverages on your auto policy will extend to a small moving truck or van (as displayed below) rented from a home improvement store or moving company (at the same limits that you currently carry)." I rented a box truck, with less then 2000 lbs load.

    It seems like some back and forth is going on between my carrier, and the moving company's carrier on my claim. Since I got a call from them this morning to my shock and dismay that my auto insurance carrier won't be covering the damages to the truck.
    If your auto carrier already knows about the accident, you may want to try filing a claim with them (since it sounds they already know about it, they're already going to jack up your premiums, and you've most likely got nothing to lose). It will at least force them to issue you a formal denial, and cite the exclusion they're using in order to deny you.

    But again, given that there are thousands of dollars on the line, you should talk to a lawyer. They're going to know way more about what the laws are in your particular state, and the practices of the insurance companies there than anyone on these forums.

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    The SnertThe Snert Registered User regular
    The insurance company knows since the moving company tried to file a claim with them. Anyway, I'm going to try to determine why it's denied, and also consult a lawyer. What kind of lawyer should I look for? Auto? Contract?
    Thanatos wrote: »
    The Snert wrote: »
    The person behind the desk who sold me the insurance for the truck and gave me the keys said that. It was like 17 dollars and I figured "why not" for peace of mind. I do not have homeowner's policy, but I did do the purchase through a credit card. Not sure if it would cover it, since its a longshot like you said, but I can dig deeper. Looking at my auto insurance's FAQ page, it seems (to me anyway) that my accident should be covered.

    -From my insurance company's website- "Yes. The liability coverages on your auto policy will extend to a small moving truck or van (as displayed below) rented from a home improvement store or moving company (at the same limits that you currently carry)." I rented a box truck, with less then 2000 lbs load.

    It seems like some back and forth is going on between my carrier, and the moving company's carrier on my claim. Since I got a call from them this morning to my shock and dismay that my auto insurance carrier won't be covering the damages to the truck.
    If your auto carrier already knows about the accident, you may want to try filing a claim with them (since it sounds they already know about it, they're already going to jack up your premiums, and you've most likely got nothing to lose). It will at least force them to issue you a formal denial, and cite the exclusion they're using in order to deny you.

    But again, given that there are thousands of dollars on the line, you should talk to a lawyer. They're going to know way more about what the laws are in your particular state, and the practices of the insurance companies there than anyone on these forums.

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    The SnertThe Snert Registered User regular
    edited February 2013
    Ugh. So I WOULD be covered through my credit card IF I had declined the coverage through the moving company.



    The Snert on
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    EncEnc A Fool with Compassion Pronouns: He, Him, HisRegistered User regular
    Go talk with a lawyer, there is no way that is legitimate.

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    DjeetDjeet Registered User regular
    IANAL or insurance specialist, but my agent told me that rentals would be covered under my auto, but it is scheduled under "property damage" which has different limits. I'd dig up a copy of your last statement of definitions from your auto insurer and read that part closely.

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    ThanatosThanatos Registered User regular
    The Snert wrote: »
    The insurance company knows since the moving company tried to file a claim with them. Anyway, I'm going to try to determine why it's denied, and also consult a lawyer. What kind of lawyer should I look for? Auto? Contract?
    Auto, for sure. They're going to have the most experience dealing with insurance policies, and the most familiarity with what exclusions are and aren't legal. I would ask around to friends, family, and coworkers, see if they have any experience (good or bad) with lawyers. Best way to find a good lawyer is word-of-mouth.

    It would be really weird for buying additional insurance to disqualify you from coverage under other insurance. Again, IANAL, and most likely not from your state, so it's entirely possible, but that really doesn't sound right.

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    ThanatosThanatos Registered User regular
    Honestly, it sounds like it's possible that all three insurance avenues you have (auto, moving company, and credit card) think you have coverage, they just think they can get the other guys to pay for it.

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    bowenbowen How you doin'? Registered User regular
    Thanatos knows his shit on this, do everything he says.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    The SnertThe Snert Registered User regular
    Based on all the calling around to each, it certainly seems that way. There just happens to be an exclusion that allows them to say no. Moving company says no overhead damage, credit card says you must decline moving coverage...Yeah.. def want to talk to a lawyer now.
    Thanatos wrote: »
    Honestly, it sounds like it's possible that all three insurance avenues you have (auto, moving company, and credit card) think you have coverage, they just think they can get the other guys to pay for it.

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    ThanatosThanatos Registered User regular
    edited February 2013
    bowen wrote: »
    Thanatos knows his shit on this, do everything he says.
    I know some shit on this, but I am certainly not a lawyer, and almost certainly not from your state, and most of the regulation on this is going to be state-level. It is entirely possible that I am wrong, and you are fucked. But the best person to tell you that is an attorney.

    Thanatos on
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    bowenbowen How you doin'? Registered User regular
    Which is why he should be doing what you say ;)

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    bowenbowen How you doin'? Registered User regular
    The Snert wrote: »
    Based on all the calling around to each, it certainly seems that way. There just happens to be an exclusion that allows them to say no. Moving company says no overhead damage, credit card says you must decline moving coverage...Yeah.. def want to talk to a lawyer now.
    Thanatos wrote: »
    Honestly, it sounds like it's possible that all three insurance avenues you have (auto, moving company, and credit card) think you have coverage, they just think they can get the other guys to pay for it.

    Haha what. "We can't cover you because you paid extra for more insurance in case someone fucked you."

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    kaliyamakaliyama Left to find less-moderated fora Registered User regular
    If it's any substantial amount of money I would lawyer up about it. Companies routinely overreach and place in unenforceable provisions in consumer-facing contracts, because the worst case is that the provision is invalidated during litigation, and the upside is that they can use it as a cudgel against the uninformed. So reading & interpreting insurance contracts and endorsements is a technical skill that you do not have, but that a properly trained lawyer would have.

    fwKS7.png?1
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    bowenbowen How you doin'? Registered User regular
    Especially if you consider the state might require car insurance, and car insurance might be legally required to cover rentals, so what good does the insurance for a truck cover unless it covers things a normal person wouldn't be covered under?

    That's why a lawyer is key.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    The SnertThe Snert Registered User regular
    edited February 2013
    Thanks guys. I'm absolutely taking everyone's advice about consulting a lawyer. I've made some calls for those who practice in my state and hopefully I'll hear back from them tomorrow.

    Edit: Yeah it's a large amount of money for me. The cost of repair almost reaches 5 digits.

    The Snert on
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    EncEnc A Fool with Compassion Pronouns: He, Him, HisRegistered User regular
    The Snert wrote: »
    Thanks guys. I'm absolutely taking everyone's advice about consulting a lawyer. I've made some calls for those who practice in my state and hopefully I'll hear back from them tomorrow.

    Edit: Yeah it's a large amount of money for me. The cost of repair almost reaches 5 digits.

    That's probably more than the van is worth, in all likelihood.

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    The EnderThe Ender Registered User regular
    Learn how to drive, and obey signs on the fucking road.

    You could've caused a major accident and killed a lot of people if you'd taken-out a support on the bridge / overpass.

    With Love and Courage
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    BlazeFireBlazeFire Registered User regular
    edited February 2013
    Have some of you guys never looked into the insurance credit cards offers on rental vehicles? To be able to use the VISA (for example) rental car insurance you have to waive the auto rental company's extra insurance. I mean, his personal insurance vs the rental company's insurance is messed, but I'm not real surprised the CC company says tough luck.

    http://usa.visa.com/personal/cards/benefits/bft_dmg_waiver_personal.html
    How do I activate this benefit?
    For the benefit to be in effect, you must:
    - Initiate and complete the entire rental transaction with your eligible Visa card, and
    - Decline the auto rental company’s collision damage waiver (CDW/LDW) option, or similar provision.
    Helpful hints:
    - Check the rental vehicle for prior damage before leaving the rental lot.
    - Review the auto rental agreement carefully to make sure you are declining CDW/LDW and also to familiarize yourself with the terms and conditions of the auto rental agreement.

    BlazeFire on
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    The SnertThe Snert Registered User regular
    Look, I get that. And thankfully that was not the case. But I really wasn't trying to drive recklessly. It was dark, late at night, I was exhausted mentally and physically due to personal reasons which caused my abrupt move in the first place.

    No one was around. It wasn't like I was driving on I-95 going 70. It was a quiet, dark country road in the middle of no where, I was going 35 (below the speed limit since I was tired) and I honestly just didn't see it till it was too late. Not excusing it.. but just explaining it.
    The Ender wrote: »
    Learn how to drive, and obey signs on the fucking road.

    You could've caused a major accident and killed a lot of people if you'd taken-out a support on the bridge / overpass.

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    EncEnc A Fool with Compassion Pronouns: He, Him, HisRegistered User regular
    The Ender wrote: »
    Learn how to drive, and obey signs on the fucking road.

    You could've caused a major accident and killed a lot of people if you'd taken-out a support on the bridge / overpass.

    Correct though this is, it's sort of irrelevant to the current thread's inquiry, especially on this most sacred of days.

    Love to all, judgement to none. Let the arrows fly, not the sticks and stones.

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    GdiguyGdiguy San Diego, CARegistered User regular
    You may have just had a crappy rental office agent (or not been paying attention), but when I rented a budget truck about a month ago they were VERY explicit about the rental insurance from them covering everything EXCEPT overhead damage to the truck... So honestly I think you're likely to be boned legally on that side (if its enough $ a lawyer is probably your best bet on that angle)

    If your auto policy will cover it that's much better; I know mine (geico fwiw) seemed to cover only the smaller van / tiny truck size and not the bigger trucks

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    BYToadyBYToady Registered User regular
    Thanatos wrote: »
    Honestly, it sounds like it's possible that all three insurance avenues you have (auto, moving company, and credit card) think you have coverage, they just think they can get the other guys to pay for it.

    I have listened in on a phone call to a medical insurance company that didn't pay a claim the first time through because "You might have had some other coverage and we didn't want to double pay the doctor."

    Battletag BYToady#1454
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    bowenbowen How you doin'? Registered User regular
    Gdiguy wrote: »
    You may have just had a crappy rental office agent (or not been paying attention), but when I rented a budget truck about a month ago they were VERY explicit about the rental insurance from them covering everything EXCEPT overhead damage to the truck... So honestly I think you're likely to be boned legally on that side (if its enough $ a lawyer is probably your best bet on that angle)

    If your auto policy will cover it that's much better; I know mine (geico fwiw) seemed to cover only the smaller van / tiny truck size and not the bigger trucks

    Also, for what it's worth, a 2007 truck (smaller varieties) sells for about ~$15,000. To fix the cargo area, it should be under that. Probably less than half since it probably didn't damage too much of it.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    The SnertThe Snert Registered User regular
    He seemed like he really wanted to push it, and I asked him what *specifically* does the auto policy cover, and his statements were in the tune of "any type of accident, and all damages would be covered, up to $15,000, including my cargo".

    Granted, I did not ask if there was an *exclusion*. And then when it seemed like it covered everything, I thought, oh cool, and bought it.
    Gdiguy wrote: »
    You may have just had a crappy rental office agent (or not been paying attention), but when I rented a budget truck about a month ago they were VERY explicit about the rental insurance from them covering everything EXCEPT overhead damage to the truck... So honestly I think you're likely to be boned legally on that side (if its enough $ a lawyer is probably your best bet on that angle)

    If your auto policy will cover it that's much better; I know mine (geico fwiw) seemed to cover only the smaller van / tiny truck size and not the bigger trucks

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