Truck accident

[davekc]

My understanding is that everything depends upon insurance coverage, and I have a question about that: if you are involved in an accident that is 100% the other driver's fault, and your insurance policy covers downtime [loss of income], but his doesn't, will you get any?

It depends on whether you have that actual coverage on your policy. It usually will be so much a day and for a prescribed period of time. If you don't have that coverage, then it depends on whether it happened in a "no fault state" like Michigan.
If the amount isn't that much, your insurance carrier may be able to get a settlement that is verifiable through subrogation.
If that carrier refuses, you are then taking on a lawsuit against them. One of the things many truck owners don't understand. A single accident like that can potentially tie your truck up for months with no retrieval of your lost income. Don't expect the insurance carrier to go to bat for you if there is a property claim. They don't want any inference with their ability to recover their claim.
You are own your own with the lost income if it is significant. Ask me how I know.

 

[cheri1122]

I don't need to ask, Dave, I already know: the insurance carrier never loses. I was just wondering, if you have lost income coverage, but the claim is paid by the other party's insurance, do they honor it? It's just curiosity, really.
All I know is from a claim in my personal vehicle, many years ago, when I found that the rental car coverage on my policy would pay for a car 'rented' from a friend - long as there were receipts: win/win, lol.

 

[davekc]

I don't need to ask, Dave, I already know: the insurance carrier never loses. I was just wondering, if you have lost income coverage, but the claim is paid by the other party's insurance, do they honor it? It's just curiosity, really.
All I know is from a claim in my personal vehicle, many years ago, when I found that the rental car coverage on my policy would pay for a car 'rented' from a friend - long as there were receipts: win/win, lol.

We have the daily coverage through Progressive but no, the other company typically doesn't pay even though they should. They will pay the property and liability loss but nothing for lost income.
I should rephrase that. Some will pay if the amount isn't too high, but my experience is most won't if the claim is large.

 

[cheri1122]

How do they justify payment of a small claim, but not a large one?

 

[davekc]

How do they justify payment of a small claim, but not a large one?

If it is small, they might pay as a "goodwill gesture". On something large, they are gambling they can outspend you in a legal fight. Have to remember, in most of those cases, you have to have all of the upfront money to pay for the attorney, getting witnesses to trial, and your own travel costs. This is even if the other party has already plead guilty.
Can be difficult with trial dates postponed or extended and if you are attempting this in another state. Quite a few things involved that would stress a individual truck owner. Just being off for a extended period would hurt many before they even looked at all the other costs.

 

[JoeS]

We have the daily coverage through Progressive but no, the other company typically doesn't pay even though they should. They will pay the property and liability loss but nothing for lost income.
I should rephrase that. Some will pay if the amount isn't too high, but my experience is most won't if the claim is large.

I also have the LOU coverage through Progressive ($150 per day with a 30 day max).
Dave, I know you've been around the block quite a few times when it comes to trucking, but you're statement is incorrect.
My truck was hit while parked and the other party's insurance company paid me for ALL my lost income (26 days), repairs, hotels, flights to and from the truck for both myself and my co driver, dead head to the repair facility and car rental. All without the use of an attorney. The other party is responsible to returning you to your previous financial state. Proper documentation and a firm, professional demand letter resulted in a check within 2 weeks of the accident.

 

[davekc]

I also have the LOU coverage through Progressive ($150 per day with a 30 day max), but you're statement is incorrect.
My truck was hit while parked and the other party's insurance company paid me for ALL my lost income (26 days), repairs, hotels, flights to and from the truck for both myself and my co driver, dead head to the repair facility and car rental. All without the use of an attorney. The other party is responsible to returning you to your previous financial state. Proper documentation and a firm, professional demand letter resulted in a check within 2 weeks of the accident.

Might want to talk to John at CIS. Trust me, I know first hand. Sometimes you collect as I said as a "goodwill" gesture but that doesn't insure payment. I currently have a 40k claim against a insurance company. Feel free to use my name and he can explain it to you.

 

[cheri1122]

Evading one's responsibility, because one has attorneys on retainer: it's the American way, eh?
I'd agree with JoeS: the party who is not at fault should not have to pay for anything, period, no matter who can afford what. That's why we pay for insurance.
Some businesses sure have their priorities mixed up, IMO.

 

[davekc]

Evading one's responsibility, because one has attorneys on retainer: it's the American way, eh?
I'd agree with JoeS: the party who is not at fault should not have to pay for anything, period, no matter who can afford what. That's why we pay for insurance.
Some businesses sure have their priorities mixed up, IMO.

In a perfect world that would be ideal. The reality is something else. Just using a couple of our recent cases, one truck was hot by a drunk in Michigan. Even had the whiskey bottle on the front seat. Truck got repaired in roughly a month and paid for by the guys insurance. Because it is a no fault state, you get zero for lost income or anything else and that insurance carrier isn't obligated to pay anything. We got the daily allotment from Progressive and that is it. You do have the option to sue the driver but he like many is unemployed for years. Even or most likely you win, you aren't collecting a dime from him.

 

[muttly]

In a perfect world that would be ideal. The reality is something else. Just using a couple of our recent cases, one truck was hot by a drunk in Michigan. Even had the whiskey bottle on the front seat. Truck got repaired in roughly a month and paid for by the guys insurance. Because it is a no fault state, you get zero for lost income or anything else and that insurance carrier isn't obligated to pay anything. We got the daily allotment from Progressive and that is it. You do have the option to sue the driver but he like many is unemployed for years. Even or most likely you win, you aren't collecting a dime from him.

I addressed this in a previous post . In Michigan you will receive up to $500 from the other insurance company for the accident. (Mini tort claim) The person that hit me had Progressive.They contacted me for a statement, told me about the law, and cut the check.

 

[davekc]

I addressed this in a previous post . In Michigan you will receive up to $500 from the other insurance company for the accident. (Mini tort claim) The person that hit me had Progressive.They contacted me for a statement, told me about the law, and cut the check.

That is correct.

 

[Greg]

Thanks for all the replies. I spoke with insurance company today. I just need to submit docs/receipts once the truck is repaired "to my satisfaction".

Edit: Thanks to everyone here, I knew what to expect and what to insist upon when they called.

 

[truckblue]

My truck was hit by a runaway truck wheel and tire. I lost 2 weeks of work. Insurance company took an average income, I think 6 weeks, and paid the trucks owners, who in turn, paid me.