Liability

I think liability falls to the person driving the vehicle, with or without involving insurance companies.

The trailer insurance (Progressive) wrote a check for $1,100 and I negotiated a new awning installed for $1,300. Even though her deductible is $500, we each will only be out $100. My truck insurance was not even mentioned in the settlement.

Hope you come back and let everyone know what the insurance company(s) decisions are.

I agree with the poster that said first check with the tow vehicle insurance policy, then check with the TT insurance policy if the TV policy did not cover. Since the vehicle was moving, to me, that points to TV policy being engaged first. Had a tree fallen on the TT after it was parked, then the TT policy should be contacted, since the TV was no longer in the equation.

Who was doing the spotting is immaterial. The TV operator was in control (and is the individual/vehicle insured).

Mike

I don't know the answer to your question but if it were me I would ask both insurance agents about the situation before submitting any claims and possibility increasing insurance rates. They should be able to advise about the coverage and how best to proceed. If filing a claim would increase the rate be sure to ask about the amount of the increase and how long it would apply. The extra cost MAY offset the cost of the repair.

I am familiar with the forums and expected the answers to run from the silly to the supreme. I was not disappointed. I will not bet one penny on even the most likely answers, but deal with whatever the insurance companies involved have to say. It was the weekend and I thought I might get some interesting perspectives. I did. Thanks to all who participated.

If I go on a public forum and ask a question, and gradually add information as it goes, then I fully expect several different answers/opinions/observations. However, on a matter such as this (concerning insurance) I think the best answers would be from an insurance carrier and that is where I would ask the question. Now, having stated that, I hope it works out for all concerned.

westernrvparkowner wrote:
The driver's insurance is only going to extend liability coverage to anything the driver is towing. So in this case, the driver's liability coverage will cover any damage to the tree. The only insurance that will cover the damage to the trailer will be comprehensive coverage on the trailer. That coverage would have had to be specifically purchased by the owner of the trailer.
The fact that there was a spotter is immaterial. Unless they were employees acting on behalf of a business (say an RV park or a storage facility) whatever they tell you will not decrease your legal liability.

Thanks for some factual advice. For all the sanctimonious self-righteous folks, thanks for telling the world how great you are. (Are you really?)

The driver's insurance is only going to extend liability coverage to anything the driver is towing. So in this case, the driver's liability coverage will cover any damage to the tree. The only insurance that will cover the damage to the trailer will be comprehensive coverage on the trailer. That coverage would have had to be specifically purchased by the owner of the trailer.
The fact that there was a spotter is immaterial. Unless they were employees acting on behalf of a business (say an RV park or a storage facility) whatever they tell you will not decrease your legal liability.

Having read all the posts on here for this situation, (yes), I am one of those morally responsible people (I even go back into the store if the cashier gives me too much change ... that's just me ... been that way all my life ... long story).... but... to get back to the original topic ...


I think the driver of the vehicle should turn the claim into HIS insurance company first. If the insurance pays ... all is well. If the insurance company does not pay ... suck it up! NOW, make a claim with the trailer's owner's insurance company. If they pay ... all is well. If they don't ... then you both split the difference.

Will your insurance rates increase if you make a claim? I don't know? That depends upon your past driving history, previous claims, and the type of policy you have. But the RIGHT thing is for the driver to try first. Regardless of having a spotter or not, it was the driver in control of the vehicle, and in the end, it was the driver who made the decision to move forward ... which caused the accident.

Or, you could just skip the whole thing, and pay out of pocket for the repair. (personally, this is what I would probably do, as my insurance rate would probably increase if I made a claim.)

In my mind it's fairly clear that coming to an open internet forum and asking about who is legally responsible, is likely a fruitless search for accurate info. The correct folks to ask is the insurance agents for both you and the trailer owner.

Having said that, if the question were a straight out, "what would you do in this situation ?".......then I would answer, I would suggest to her ( trailer owner ) take it to the shop of your choice, get it fixed, and I will write a check for the full amount.

That way there is no risk of hard feelings if it turns out the insurance company raises rates, etc.
My feeling is, when I am driving the vehicle, it's on me, 100% to ensure this thing moves without getting damaged.