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Son rearended

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NeedHelpGA

Junior Member
What is the name of your state (only U.S. law)? GA

2 weeks ago, my son was turning into the local fire dept for EMT school. He was driving "my" Ford F250 and pulling a loaded 28' gooseneck trailer. He was rear-ended by a Nissan Frontier. The front end of the truck hitting him was destroyed. My son's truck, which is technically mine (registered to me, insured by me. He is listed as primary driver). The gooseneck hitch in the bed of the truck was pushed forward 3 inches according to the local trailer hitch place which looked at it. The neck of the trailer was bent. Minor damage to the loading ramps on the trailer. It will cost $1000 to fix it correctly. This is the trailer that is used to pull cab tractors and other heavy loads, so it must be fixed right to be safe to use.

The person that hit him wants to keep from filing his insurance "liability only" on his truck and said to both me and my son that he would pay out of pocket. The other driver was told what it would take to fix the truck and trailer. The driver of the other car said he is only responsible for the truck, not the trailer and has since stopped answering the phone.

Question 1: Is he responsible for only fixing the truck? Approx $500 damage. There is full coverage on the truck, but it was bought out right.

Question 2: Whose insurance do we file on, mine or his? The truck is currently safe to drive, but unable to pull a gooseneck. Only bumper pull.

I am going to have to go ahead and get the truck fixed as it is highly needed on the farm to pull trailers. The trailer must be fixed by mid-late spring, as hay season starts.
 


PayrollHRGuy

Senior Member
If proven at fault (and there is no reason to think he wouldn't be) the other driver would be liable for all the damage he did. If you have his insurance information contact them.

Or you can sue the driver.
 

NeedHelpGA

Junior Member
Thank you for answering about the insurance. Yes he was proven by law inforcement (GA State Patrol worked the accident since my son is both a City and County Volunteer Fireman, so it could not be said that law enforcement cut him a break).

Is the cost of fixing both the truck and trailer covered by the accident?
 

adjusterjack

Senior Member
Is the cost of fixing both the truck and trailer covered by the accident?
Yes, the at fault driver is responsible for all the damage he caused to the truck and the trailer.

If you know his insurance information call his insurance company and file a claim. Don't wait any longer. Do it today.

Get a copy of the police report for yourself.

You would be wise to delay repairs until the other driver's insurance company's adjuster sees both vehicles.

But if you have to have the repairs done right away make sure you take lots of photos of the damage.

You are free to make the claim on your collision coverage but you will be out your deductible until your insurance gets reimbursed by the other insurance company.
 

Zigner

Senior Member, Non-Attorney
Yes, the at fault driver is responsible for all the damage he caused to the truck and the trailer.

If you know his insurance information call his insurance company and file a claim. Don't wait any longer. Do it today.

Get a copy of the police report for yourself.

You would be wise to delay repairs until the other driver's insurance company's adjuster sees both vehicles.

But if you have to have the repairs done right away make sure you take lots of photos of the damage.

You are free to make the claim on your collision coverage but you will be out your deductible until your insurance gets reimbursed by the other insurance company.
The OP's insurance might not cover the trailer (just saying...).

If the OP takes the vehicles to a larger shop, they will likely work directly with the other party's insurance company.
 

adjusterjack

Senior Member
The OP's insurance might not cover the trailer (just saying...).
"28 ft gooseneck trailer used to pull cab tractors and other heavy loads"

I would hope that OP has commercial auto insurance on the truck and the trailer. But, then, it's not safe to assume anything around here. :D
 

NeedHelpGA

Junior Member
"28 ft gooseneck trailer used to pull cab tractors and other heavy loads"

I would hope that OP has commercial auto insurance on the truck and the trailer. But, then, it's not safe to assume anything around here. :D
Sorry I am just now responding. I became very ill for a few days. No, the vehicle is not under commercial insurance. All of the hauling done is mostly during hay season to move equipment from one field to another ( we have one field way to far to drive the tractor to). After the hay is bailed, it is then moved home to the farm to get the beef cattle through the winter. We have two trucks that do these heavy hauling loads, but this trailer is the best fit for the tractor and attached cutter.


My son picked up the accident report while I was in the hospital and I am going to be calling the other person's insurance today.
 

PayrollHRGuy

Senior Member
Good idea.

Another thing for both you and your son needs to learn from this. Don't be a nice guy and not report the accident when it happens.
 

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