Who's responsible? What can I do?

[Slappie 9]

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Ya I've left a message and I'm waiting. I'm not going to be an asshat about it until they refuse to do anything.

Then they'll feel the rathe of one pissed off mofo...and my lawyer, ...well he's fresh out of school, but passed the bar so I call him my lawyer.

Hahahaha!! I have a GREAT lawyer if you need (another) one!

I just might take you up on that.

"Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."

[jumpergirl 0]

He's a skydiver and did VERY GOOD by me.

[Slappie 9]

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He's a skydiver and did VERY GOOD by me.

Ok I don't need him to do me. I might need him to help me draft a letter that will make this hauling company come off some cash to repair my car.

"Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."

[jumpergirl 0]

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He's a skydiver and did VERY GOOD by me.

Ok I don't need him to do me.

That's NOT AT ALL what I mean!! I mean, he's a good lawyer. I've had to use him twice, and both times the outcome was definitely in my favor.

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I might need him to help me draft a letter that will make this hauling company come off some cash to repair my car.

I'm sure he would do that. Let me know if you need the info.

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[JohnRich 4]

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I called the company and they gave me the voicemail of their safety officer. Can I legaly make them repair my car?

Yes. Latch onto them like a pit bull and don't let go. I worked 12 years for BFI, the waste management company, with several thousand trucks on the road evey day. They paid out many millions in claims each year for this kind of thing. Go get 'em!

[masterrig 1]

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My company deals with this kind of thing all the time, unfortunately. We haul sand and ocassionally someone will call and say a rock hit their car. We don't haul rocks. Sometimes, the nicer people will get the help, just because they were nice about it and it could have possibly been a rock on the highway that got kicked up by one of our trucks. The best thing to do is be nice, let them know that you're not looking for big bucks, just to get your car repaired. Get a few estimates. Don't be an ass about it. You sound like you'll be level headed about it, and that's your best option.

Just my thoughts...

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I never understood that! One of the things I've done in my life was hauling rocks. We had a guy call in and tell the dispatcher that one of our trucks had broken his windshield with a rock, earlier that day. He had the company name right, description of the truck was correct and the license number was correct. The only hitch was, the driver was assigned to a job that day, hauling ONLY fill-sand. If, the complaint was 'legit', our company would take care of it. As you mentioned, attitude, on the part of the complainant had a lot to do with the results.


Chuck

[jumpergirl 0]

We never do and never have hauled rocks. NEVER. A woman called here a few weeks ago and said a "big rock" had flown out of the truck and hit her Lexus. The whole front end was damaged and needed repair work. She was a a total bitch about it. My boss told her, "Look lady, we don't haul rocks. We have never had rocks in any of our trucks. There is no way that rock came from my truck. I'm sorry but I can't help you." Over several phone calls, she threatened all kinds of stuff and he finally said, "Go ahead, have your attorney call me. I'll tell him the same thing I told you. WE DON'T HAUL ROCKS." As far as I know, she hasn't called back. The boss told me if she would have been decent about it, instead of calling here demanding stuff, then he may have offered to help because it's possible his truck did in fact kick up a rock that hit her car. But, because she was so bitchy about it, fuck her.

[fenceline 0]

If you are not going to go through insurance, don't even tell them. If you tell them that you have an issue going with the trucker, but aren't going to make a claim, they will still make a note on your file. Then if something else comes up, it will still be on there minds. What they don't know can't hurt you.

[masterrig 1]

The whole front-end was damaged... from one rock? What the hell was that rock... Mt. Rushmore?
We hauled everything from fill-sand to cement and asphalt stone. In the years I drove for that company, we had only three complaints of rock damage and none, were proven the fault of the driver or equipment. I can sure see your bosses thinking in regard to not hauling rocks.


Chuck

[ACMESkydiver 0]

Slappie I sent you a PM. Call me on my cell if you want. I was a State Farm agent, and though everyone here means well, you are getting some BAD ADVICE on this thread, buddy.

~Jaye
Do not believe that possibly you can escape the reward of your action.

[jumpergirl 0]

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The whole front-end was damaged... from one rock? What the hell was that rock... Mt. Rushmore?

That's what bossman asked me!!

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I can sure see your bosses thinking in regard to not hauling rocks.

We're a stucco supply company, so there is no reason for us to have rocks.

[gemini 0]

In Houston, the drivers are required to secure their loads. That's why you see dump trucks with covers.

If they break it and you claim it was their truck, they will usually pay without much argument.

Stay on them!

Blue skies,

Jim

[masterrig 1]

10-4! You sure don't want rocks in your stucco... don't stick too good!


Chuck

[jumpergirl 0]

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In Houston, the drivers are required to secure their loads. That's why you see dump trucks with covers.

Same way down here in Florida.

[masterrig 1]

Meant to mention, earlier. Good luck to ya' on your ordeal. Just remember... you might be dealin' with a bunch of Teamsters! Seriously, good luck.


Chuck

[livendive 8]

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Slappie I sent you a PM. Call me on my cell if you want. I was a State Farm agent, and though everyone here means well, you are getting some BAD ADVICE on this thread, buddy.

Any chance you'd give us your perspective on here, so those of us giving bad advice can learn where we're wrong and not give it again?

Blues,
Dave

"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

[gravitational 0]

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If it wasn't your fault your insurance company cannot raise your rates.

RRiiiiiggggghhhhttt...
You file a claim, they'll up your rates. They will raise your rates even if you're in an accident and it wasn't your fault. Statistically, you're more prone to get in another accident once you've been in one so it's in their best interest to raise your rates to cover their potential losses down the road.

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Michael

[goose491 0]

I am in auto insurance. Though legislation is different from one place to the next, truckers are responsible to keep their loads on their trucks everywhere. Call an insurance regulatory body in your area and discuss the liability, then call the company and explain what happened. The sooner the better of course. You can threaten with a lawyer, but then you are just being an ass. I would simply state that either they pay, or you will go to your insurance company (who will in turn, be after them)

That being said, if you decide to use your insurer, small tip: There is a BIG difference between something falling off the truck and hitting your car, and something falling off the truck, hitting the ground and bouncing up at your car.

Also, if you are talking to insurance companies,

Don't involve lawyers!

[mini rant]Gawd dammit! using lawyers for insurance settlements is like using a theif to help you get your money out of the bank! They have no business getting between you and an insurer. Find out your rights by calling an insurance reglatory body and do it yourself. Don't just call a lawyer or, worse yet, a parallegal whose sole job is to take a cut. [/mini rant]

My Karma ran over my Dogma!!!

[goose491 0]

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RRiiiiiggggghhhhttt...
You file a claim, they'll up your rates. They will raise your rates even if you're in an accident and it wasn't your fault. Statistically, you're more prone to get in another accident once you've been in one so it's in their best interest to raise your rates to cover their potential losses down the road.

That's the kind of BS that make people go to parallegal ambulance chasers in the first place.

Now I can't speak of all states. But for the most part, I know your premiums are not affected by not at fault losses.


Last post of the week! Have a great weekend everyone.

...good luck with the vehicle
Nick

My Karma ran over my Dogma!!!

[Slappie 9]

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That being said, if you decide to use your insurer, small tip: There is a BIG difference between something falling off the truck and hitting your car, and something falling off the truck, hitting the ground and bouncing up at your car.

I really don't give a rats ass, if it comes down to tacs the object originated from their truck. It damaged my car because the load wasn't secured or the load wasn't policed of debri. That debri wound up hitting my vehicle because the drive was negligent in not policing his load and rig before taking to the public streets.

You can argue with me all you want. If I need to involve a lawyer I will just for principle. I want my car fixed I'm not trying to get my pockets padded. If they refuse to work with me and cause me grief over it. Then I'll probably get vendictive and shoot for whatever $$ total I can, and give it all to the lawyers just to ram a wad up the jerks ass....


BUT!! Everyone back up a bit... I've taken pictures, documenting the dmg done. I've only left a message for the Safety Officer to call me. I was informed he was out of the office the rest of the day. So until Monday I'm not raising holy hell. If I find out it's a problem getting this gentleman on the phone I have their office address. The address and maps.google.com will get me there in my damaged car.

"Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."

[gravitational 0]

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Now I can't speak of all states. But for the most part, I know your premiums are not affected by not at fault losses.

Have to call BS on this one. Got clocked in the tail end a couple years ago in a no fault state and wow, my rates went up for about a year ~$15 a month, but they still went up. I never worked in the industry but have family that does. What you're 'told' and what is actual reality are two separate things.
Not an ambulance chaser, just a realist who has seen things happen that don't.

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Michael

[fenceline 0]

YOU don't give a rats ass...... but to THEM its a loophole.

[sunshine 2]

You definitely have a claim against them. When our trucks at work throw rocks etc., we have to pay to fix any cars that get damaged.

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meow

I get a Mike hug! I get a Mike hug!

[slug 1]

Hi

If you got the time you don't need a lawyer, thats what small claims courts are for.

Start keeping a log from the beginning of the incident and who/when you talked to at the trucking co, follow up any concersations with a certified letter. Get your estimates send copies to the truck co. and have your info lined out for going to small claims court.

Hopefully the trucking co will do you right

BTW could be worse you culd be driving in iraq.

R.I.P.

[ACMESkydiver 0]

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Slappie I sent you a PM. Call me on my cell if you want. I was a State Farm agent, and though everyone here means well, you are getting some BAD ADVICE on this thread, buddy.

Any chance you'd give us your perspective on here, so those of us giving bad advice can learn where we're wrong and not give it again?

Blues,
Dave

Ok, here's the dealio...Goose has it right, an insurer cannot raise your rates for no fault...and saying 'Bullshit I got rear-ended then my rates went up' <---It was not because you were rear-ended. It was because any activity on your account and the agent may 'snap' your driving record. Here's how it works in the real world, kids:

Agent writes your auto policy in the year 2001 based upon your driving record that year. That agent has a RIGHT to 'snap' your driving record at any time...a 'snap' is like a credit report, only it's checking into your driving record, including any and all accidents, tickets, infractions, etc. The agent MAY NEVER SNAP YOUR RECORD AGAIN. Stupid, but there are some lazy ass agents that just won't even bother, which then results in everyone in that book of business paying lower premiums (yea! you're thinking...) however, the risk is higher, as you have John Snuffy that has wracked up 5 speeding tickets in 2 years paying the same rate as Priscilla DoGooder with a clean record. -Eventually, the franchise usually catches up with books of business that are not being followed up upon, and they snap everyone's record. -Say they did this in 2003, well then if you've had a ticket since your policy was written in 2001, they can raise your rates to adjust for their increased risk.

Glass damage, auto theft, hit and run, etc are all no-fault, however, your policy is under review for a claim of any type, and almost ALL companies I know of will snap your driving record at that moment to see if you've been a naughty little boy or girl sometime since the last snap. -->Hence, everyone saying "Oh boo-hoo, they raised my rates because I had a crack in my windshield" -no dork, they raised your rates because they just found out you got a speeding ticket 2 years ago...

FIRST COURSE OF ACTION in something like Slappie described: seek restitution personally from the at-fault party. This is the best, as you don't have to alert your insurance company, pay your comp deductible (which can be hefty), and risk a driving record snap which might reveal a small transgression a few years ago which will bump your rates.

DO NOT threaten said-party with a 'lawyer'. Bullshit. They know you aren't going to retain a lawyer for $200 worth of damage. Once you open your cake-hole about a lawyer, your credibility is DONE, and then you won't get dick for cooperation from that company.

You can mention your insurance company, however, if you aren't getting anywhere with them personally. DON'T GO THAT ROUTE TO START WITH, otherwise you will get said party on the 'defensive' and they'll shut you down. The best thing to do is talk to the owner or area manager of the company, explain what happened, and that you would like to see if you can come to a mutually acceptable agreement. If you can do this IN PERSON, it is ALL THE BETTER. Tell them that all you want is to have your vehicle the way it was before their truck damaged it, and you will be happy. Be nice about it! You will always get better results if you come in with an amicable attitude of finding a resolution, rather than a 'fuck you, you owe me you bastards' attitude.

Lessee...I'm thinking that's about it. It's been a few years since I was an insurance agent, but this is pretty much the deal. Let me know if I didn't cover something y'all were looking for.

~Jaye
Do not believe that possibly you can escape the reward of your action.