LTL vs. D unit update

[simon says]

Some of you saw my post on the rear-end hit and the over-sized photo of my seat. The latest news is that my truck is still being held hostage at the towing company, because the LTL company who hit me cannot pay their bills. It appears that Overnite Transportation, now owned by UPS, is very tardy in bill payment, and thus small companies who deal with them are playing hardball. I have taken the issue to my insurance company and perhaps they will get things moving.
The only good news is that parts (e.g., new rear doors, etc) have been ordered, a new Sears Atlas seat has been sent, and the trailer repair shop seems reputable. I would bet if the truck gets delivered this week, it might be two more weeks before I see it. Lucky for me, I found someone to drive for and make a little money, but I can see the wolf lurking outside my door...x(

 

[LDB]

Sounds like it's time to get an attorney and have him/her talk to UPS about lost wages, pain and suffering, medical, and whatever else can be added to the list with a suggestion that a quick and reasonable settlement is preferred.

Leo Bricker, owner trucks 3034, 4958
OOIDA 677319
73's K5LDB
Highway Watch Participant, Truckerbuddy
EO Forum Moderator 1+ Years of Service
-----
Support the entire Constitution, not just the parts you like.

 

[davekc]

Your subragation attorney from your insurance carrier should already be handling this.
This person will likely be different than the claims adjuster on truck damage.
If not, I would be demanding from your insurance company that they do.
Be careful of a quick settlement if any medical issues were involved.
Accepting a settlement may release other party from later claims involving this one accident.



Davekc
owner
21 years
PantherII
EO moderator

 

[RichM]

I wouldn't be supried if Overnight has some serious financial problems. A couple of weeks ago I made a pick up at their Savannah GA terminal and it was a pigsty. The parking lot was full of holes,the docks had trash and junk scattered everywhere, one look at the rest room was enough and the equipment in the yard was old and beat up.

 

[LDB]

I should have said in my post that only if there were no medical conditions would you suggest that. Dave is correct you don't want to sign off on that too quickly. My thought was they might settle reasonably so it would go away rather than face something drawn out and potentially more costly. I've been to a couple of Overnite facilities for swap outs and they looked like they hadn't seen a broom or anything else since the day they opened. One would think UPS would get them into better shape but who knows.

Leo Bricker, owner trucks 3034, 4958
OOIDA 677319
73's K5LDB
Highway Watch Participant, Truckerbuddy
EO Forum Moderator 1+ Years of Service
-----
Support the entire Constitution, not just the parts you like.

 

[JohnMueller]

Simon Says;

If I could offer some advice it would be to contact YOUR insurance company - the one with which you have the Physical Damage coverage for your vehicle. Explain the situation to them. They may be willing to pay the claim as far as the physical damage portion of the claim. They would then pursue the LTL carrier which caused the damage to the vehicle for the actual physical damages only. You would not sign-off on the claim in entirety, just the physical damage portion. Question them if you are entitled to rent a vehicle similar to the damaged vehicle. The rental charges are usually recoverable on a claim such as this.

Other factors will come into play such as if the state where the accident occurred is a "No Fault" state. If so, your insurance company may be paying for the damage to your vehicle anyhow.

I would also suggest staying in contact with the Safety Director at the carrier that you are leased onto. Most Safety Directors are actively involved in the claims process on all claims. It is one of our job duties to manage insurance claims. I have spent many, many hours attempting to resolve claims. Some are a nightmare.

If you find no satisfaction in any of the above, a call to the carrier's underwriting insurance company may speed the claims process. You can obtain quite a bit of info on a carrier and their insurance by visiting the SaferSys segemnt of the DOT's website. The address for that is www.safer.fmcsa.gov Look at the LTL carrier's info (not your carrier's). Licensing and Insurance info is available on one of the "buttons" on the upper right hand side of the Safer Sys page.

I am not suggesting taking matters into your own hands - work with the safety department at your carrier. Follow the guidance of your carrier's safety department first and foremost.

I wish you luck in resolving your claim.

Regards,

HotFr8Recruiter

 

[simon says]

Thanks for the comebackers, I'm thinking of filing a claim for loss of $$ and lower back pain. Truck made it to repair shop on 1/27.

I called my insurance agent after my 1/25 post and had her re-up the claim: Result: she overnighted a check to the towing co. for all charges, storage, and incl. towing to the repair shop. $3 grand just like that! Then I got an e-mail from UPS/Overnite, telling me they had mailed a check for $2000- which still would not have released the truck! The terminal mgr. at Overnite, also called and said he would try to get me all my money for rental car, motels, and the $1000 deductible. I'm not holding my breath...
By the way, I'm insured through Transportation Insurance, OH. and Lincoln General is the insurance co. Real impressed with them.
Lesson in this: never trust what some company tells you! Just set up your claim, and get ready to pay the deductible when done.
Just LOVE my temporary freightshaker (ha, ha)

 

[X1_SRH]

Definitely go after your lost wages. I had an incident back in 2001 where I got hit while parked. The Insurance company representing the company who's truck hit me ended up paying me $500 for each day of down time that I incurred due to the incident. It was undeniably their fault.

Get a letter from the company you are leased to stating what your average daily revenue is/was - and there you have a solid base for your request.

This kind of stuff is never fun - Good luck

Scott