Unsecured Load?

[RemitAdvice]

VA

Driving down main interstate mid-day, above average traffic. Traveling in the center lane, recycling truck carrying metal (aluminum) with no gate and net is traveling on my right. A large piece of metal flew off the back, struck the road, and then pierced my grill and into what appears to be my ac compressor and possibly all the way through to my radiator.

I pulled over to the side, saw the metal sticking out of the grill (I heard and FELT the impact of the metal) and followed the truck into the Center and spoke with the Transportation Manager, who called their insurance company and they're not open until Monday (they close at noon).

SOOOO...being a realist, I hear that companies take the stand that they're not responsible for falling debris and subsequent damage...but the other part of me is screaming 'unsecured load!'

Thoughts?

 

[davew128]

Thoughts?

Call your OWN insurance company.

 

[ecmst12]

Since it hit the ground first, that will be a collision claim on your insurance, not even comp.

 

[Zigner]

Since it hit the ground first, that will be a collision claim on your insurance, not even comp.

Right, but, in this case, it doesn't change the liability of the truck (et al)

 

[LdiJ]

Right, but, in this case, it doesn't change the liability of the truck (et al)

If his insurance company feels that the trucking company is liable they will fight it out with them. That is really the safest/wisest thing to do.

 

[Zigner]

If his insurance company feels that the trucking company is liable they will fight it out with them. That is really the safest/wisest thing to do.

I never said otherwise


But, y'all are assuming that the OP HAS the coverage.

 

[LdiJ]

I never said otherwise


But, y'all are assuming that the OP HAS the coverage.

Well, that is certainly a valid point.

 

[justalayman]

§ 46.2-1156. Construction, maintenance and loading must prevent escape of contents; load covers; exemptions.

A. No vehicle shall be operated or moved on any highway unless it is so constructed, maintained, and loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping. No provision of this section, however, shall apply to any (i) motor vehicle that is used exclusively for agricultural purposes as provided in § 46.2-698 and is not licensed in any other state; (ii) agricultural vehicle, tractor, or other vehicle exempted from registration and licensing requirements pursuant to Article 6 (§ 46.2-662 et seq.) of Chapter 6 of this title; or (iii) motor vehicle transporting forest products, poultry, or livestock.

B. The loads of all trucks, trailers and semitrailers carrying gravel, sand, coal or other nonagricultural and nonforestry products on interstate, primary, or secondary highways or roads maintained by cities, counties or incorporated towns shall be either (i) secured to the vehicle in which they are being transported or (ii) covered. Covers used to prevent the escape of material from commercial vehicles used to transport solid waste shall be of such design, installation, and construction as to contain the vehicle's cargo within the vehicle, regardless of the vehicle's speed or weather conditions. Public service company vehicles, pickup trucks, and emergency snow removal equipment while engaged in snow removal operations shall be excluded from the provisions of this subsection.

(Code 1950, § 46-307; 1958, c. 541, §§ 46.1-303, 46.1-401; 1975, c. 553; 1979, c. 213; 1980, c. 21; 1986, c. 639; 1988, cc. 662, 897; 1989, cc. 526, 727; 1992, c. 149; 1997, c. 283; 2001, c. 180.)

So...


was a police report made?

The trucker is liable for the damage as long as his truck is not exempt as that law allows. It doesn't sound like it would be if carrying scrap metal.

IF the radiator was damaged and you continue to drive the vehicle and cause more damage, that additional damage is on you.

 

[RemitAdvice]

Ok, ok, ok.

1) If I notify/file a claim with my insurance company then I take the hit EVEN IF they sue the other insurance company for recompense. That claim automatically goes on my CLUE report...really trying to avoid that. I filed two claims within 18 month (I backed into people, stupid me) and my insurance carrier is one of the few with Antique coverage for my classic, and I know I was close to being dropped when I filed the last claim. Boof.

2) I did call the police and attempted to file a police report but I was unable to since I left the scene. I verified with the officer that I spoke with that I should have pulled over and immediately called the police in order to file a property damage complaint. News to me, so now I know. This is now a civil matter. Yayyyyyy!

3) I spoke with the transportation manager this morning and he said that he had passed the info (along with photographs taken at the scene) to the insurance company and that I should be contacted with a claim investigator within 24 hours. No word yet.

4) I work with automobiles for my job...I had the vehicle inspected and the a/c condensor has been punctured and the vaccuum released...so no further damage will be caused to the vehicle by driving it....as long as I dont use the air conditioning. But the grill is broken...looks terrible.

 

[justalayman]

If you don't want to involve your insurance company, you can do that. If the truckers insurance doesn't get stubborn for some reason, it should be a piece of cake. If they decide to be obstinate, you could end up having to sue the driver and company.

 

[RemitAdvice]

If you don't want to involve your insurance company, you can do that. If the truckers insurance doesn't get stubborn for some reason, it should be a piece of cake. If they decide to be obstinate, you could end up having to sue the driver and company.

Right. Small Claims...since I've estimated the repair to be about $700.

So just I know, if it comes to that and I want to come back and post...do I use this thread, or start another? Since it would technically be Civil Litigation...

 

[justalayman]

it's better to continue in the same thread if it is the same situation. Saves anybody tracking back and forth trying to find information that might be in the first thread.

 

[mustangapril]

I was involved in a similar accident.
I was driving on the highway doing the speed limit, saw a car on the right side driving VERY slowly. When I noticed this, I then saw debris in the road. the slow car then veered to the left and hit me totally my car. There was a truck ahead of us with an unsecured load and the items dropping off the truck looked like cement blocks but were styrofoam.

I hired a lawyer and the truck with the unsecured load was cited big time and I received a large settlement because of it. This was based on my state's law in that ALL loads need to be secured.

I'm 99% positive other states follow the same law therefore it IS the unsecured loads fault.

 

[Zigner]

I was involved in a similar accident.
I was driving on the highway doing the speed limit, saw a car on the right side driving VERY slowly. When I noticed this, I then saw debris in the road. the slow car then veered to the left and hit me totally my car. There was a truck ahead of us with an unsecured load and the items dropping off the truck looked like cement blocks but were styrofoam.

I hired a lawyer and the truck with the unsecured load was cited big time and I received a large settlement because of it. This was based on my state's law in that ALL loads need to be secured.

I'm 99% positive other states follow the same law therefore it IS the unsecured loads fault.

Your accident is in NO WAY similar.

 

[ecmst12]

Not to mention that unless you've researched the laws of 49 of the states, you can't be 99% sure of their laws. State laws are VERY different.