Another Rear End Accident Story

[Thom02099]

The scenario:

On 07.29.19 travelling southbound on I-69 at MP 221.6 outside Anderson, IN. This is in a construction zone, with a posted speed limit in the work zone of 55MPH. There is a Y configuration for the lanes, the right lane going one direction, the left lane going another direction, and the construction in the middle/closed lane. There was a previous/similar construction zone about a mile prior to this one.

A UHaul truck stops suddenly in the middle of the Y median. The car directly behind it, and directly in front of me, brakes to keep from hitting the UHaul, as she has nowhere to go. I also brake to keep from hitting the car, and appear to have avoided it, when I hear a crash behind me, and am pushed forward into the car by a Freightliner semi who rear ended my trailer. We all get out of our vehicles to see if anyone is hurt; there are no injuries. No airbag deployments either, we were going approximately 40-45MPH. We all move our vehicles out of the roadway, and I call 9-1-1 to get law enforcment to respond. We all also exchange information, with the exception of the UHaul driver who left the scene. I take lots of pictures of the damage to my 2007 GMC Sierra SLE 3500 dually and my 2007 Keystone Outback 25RSS trailer.

Indiana State Police Trooper arrives, takes a look at all the vehicles, gets all our information. Provides me with an instruction sheet as to how to get a copy of the report, and states that the driver of the Freightliner is 100% at fault, that he had a duty to be far enough back as to avoid an accident. Driver was cited.

I asked the trooper if he thought it was safe for me to drive my rig, he took a look at it (he's a trailer guy too), said it looked like everything was OK to tow, but recommended a local RV dealer if I wanted to have it checked out. Took it to that dealer, they said the hitch and bumper on my GMC would need to be replaced, and that they could sell me a hitch. They also recommended a local Chevy dealer to check out the bumper. Drove over to them, they said the bumper would definitely need to be replaced, and emailed me an estimate. I asked both of them if the rig was safe to drive, to go back to Colorado, neither would give me a definitive answer. Thought I was going to be stuck there for a few weeks.

I called Liberty Mutual again, they said I could go to a local collision repair place and get an opinion, and gave me the names of 2 in the Anderson area. Went to one of them the following day. Appraiser there said the frame was good, the bumper, though damaged, was still tight, and that the hitch also appeared to be tight, though bent downward due to the angle of the bumper. He said there was a hitch place near by, if I wanted to get another opinion, so went over there as well. Guy there inspected the hitch, said that it looked tight, thought it was missing a nut and that part of a bolt had been sheered off, but was still in tight condition. I asked both if they thought the rig was driveable back to Colorado, both said yes.

The Freightliner driver drives for Watkins and Shepard Trucking/Schneider National Carriers and has Old Republic Insurance. He had already called in a claim when I called them, they said it would be 24-48 BUSINESS HOURS (presumably meaning 3-6 days) before a claims adjuster would be assigned and contact me.

In addition to the damage to the bumper of my GMC, the trailer sustained significant damage. The rear bumper was pushed up and inward, peeling back off the support strut, the spare tire carrier was pushed into the rear wall of the trailer and in to the interior of the trailer, where a step was damaged, along with both of the benches for the dinette. The rear slide out handle was damaged, and the slide out will not slide completely out. Appears that part of the roof support also has come loose, and there is damage to a cabinet in the slide out. Both of the stairs for the door entries were also damaged, making it difficult to deploy the stairs, and the rear door doesn't close correctly. That is what is visible, I don't know if there's damage underneath.

Was able to make it home to Colorado safely (3 days coming back), got back here on Friday, 08.02.19. Now awaiting contacts on my various claims. GMC will be handled by a collision center near by. The trailer will have an inspector come out a see if it's repairable or will be totalled. I'm also going to call a service I've used before and have them inspect it as a disinterested 3rd party, to give me an approximation on repair costs. And YES, I do plan to, at minimum consult an attorney.

My insurance processor said that, in the event that the trailer is totalled, they would pay off the lien on the trailer and they go after the other driver's insurance, for my deductible among other things. They would also pay the collision center direct, again minus deductible, for the repairs to the GMC.

My guess is the trailer is totaled, as the entire rear portion of the trailer would need to be replaced as well as removal of the rear slide out to even make any repairs.

My questions:

My insurance pays off my trailer lien then presumably goes after Old Republic for that payment, plus my deductible for both vehicles. But who pays for loss of use? I've made reservations at a variety of campgrounds for the remainder of the summer/fall, that I will now have to cancel, and will only get a partial refund. Also loss of use, who pays for the trailer storage that I paid for in advance? I have 5 months of storage paid for and nothing to store, if it's totaled.

There is also the "making it right" part of this. Indiana is an "at fault" state, so with the other driver being 100% at fault, it seems to me that his insurance company is responsible to make this right, yes? I didn't ask to be in an accident, their driver was negligent, and now they should cover the cost of a replacement trailer, yes?

Hope to have some answers later this week, but it's so frustrating to be in limbo, playing a waiting game. I know, it's likely to be a long drawn out process.

Opinions/thoughts/suggestions?

[badsix]

a rider has nothing to do with his predicament. he has lost his ability to use his camper and to go camping BECAUSE of the NEGLIGENT truck driver. truck drivers insurance should cover it, a good lawyer and a jury is all that's needed.
Jay D.

[smarty]

Unless you added a rider covering "loss of use" I would be surprised if you had any coverage for this

[badsix]

you should set down and call every attorney in the phone book until you find one that's hungry enough to help you. I was in the same situation you are with a motorcycle accident. it wasn't a hole lot of damage but the ins.co. was giving me a hard time. my lawyer got my money for me and his fee also. about 5 times more than if they would have been fair with me. you did NOTHING WRONG in this situation, you should not have to pay anything out of your pocket, nada, nothing, zilch. find an lawyer that wants to help you, most will do the first visit free.
Jay D.

[winnietrey]

Thom02099 wrote:

Blazing Zippers wrote:
I HATE to write this, but you probably could use an attorney. As long as you get what you receive funds to fix or purchase a replacement trailer, get reimbursed for expenses and have your truck fixed cool. However, insurance companies don't make their money giving money away.

I did contact an attorney. Since it was property damage only, no injuries, he stated that few attorneys would not get involved in such a case. I received notification that the accident investigation report is complete, so looking to get a copy of that, as leverage against the other insurance company, since the trooper advised me the Freightliner driver was completely at fault.

I hope, that they offer you fair compensation. But from experience, companies that insure, commercial outfits. Like the freightliner, that hit you, tend to play hardball and sometimes can be difficult to deal with. Not always the case, but they are famous for lowball offers. ( although your ins co is in the lead here, and will collect from the at fault parties ins)

While an attorney, will not take the case on a contingent basis for property damage alone. What you might consider, if you are unhappy with the offer, hire an attorney on an hourly basis, to write a strongly worded letter. They tend to take attorneys much more seriously, than us regular Joes, and it may get their attention

[Thom02099]

Blazing Zippers wrote:
I HATE to write this, but you probably could use an attorney. As long as you get what you receive funds to fix or purchase a replacement trailer, get reimbursed for expenses and have your truck fixed cool. However, insurance companies don't make their money giving money away.

I did contact an attorney. Since it was property damage only, no injuries, he stated that few attorneys would get involved in such a case. I received notification that the accident investigation report is complete, so looking to get a copy of that, as leverage against the other insurance company, since the trooper advised me the Freightliner driver was completely at fault.

[Blazing_Zippers]

I HATE to write this, but you probably could use an attorney. As long as you get what you receive funds to fix or purchase a replacement trailer, get reimbursed for expenses and have your truck fixed cool. However, insurance companies don't make their money giving money away.

[colliehauler]

Hope everything works out to make you whole again.

[Thom02099]

Update

I contacted an attorney, regarding this situation. Though he could not advise on Indiana law, he did note that most attorneys will not get involved with any property damage only accidents. Basically, my insurance pays on the claim and then goes after the other driver's insurance to re-coup expenses.

The appraiser was out today, was surprised by the extent of the damage. He said there were some factors that were set, ie, as to hourly labour cost, they had to calculate a rate of $100/hour, even though local shops in this area are in the $150/hour range. He stated that he could note that I have a preferred repair facility that has a known rate of $149/hour, so the estimator could use that figure in assessing damage. The appraiser was very candid, he said that the repairs would easily be a 60 hour job, which at the low end would be $6000 for labour and and the higher end would be over $8900. Parts would be very expensive, as the entire rear end would need to be replaced, including the rear slide out, and some parts would be difficult to find. His opinion was that the trailer would be totaled out.

So now in the market for a replacement trailer. I actually found a similar trailer, but without the rear slide out, as I like the basic floor plan (Keystone Outback M28BHS) vs my current Outback 25RSS. Once everything is settled, I can get serious about an offer.

[Walaby]

Grit dog wrote:
^Hes not behind, he’s ahead of the game..
No one is saying the OP needs to cash in on a fraudulent claim but if you think the insurance companies are going to be upfront honest and giving, you must have had a better experience than I with insurance companies.
It’s called fight fire with fire.

And there it is....

Mike

[STBRetired]

Grit dog wrote:
... if you think the insurance companies are going to be upfront honest and giving, you must have had a better experience than I with insurance companies......

I think it has a lot to do with the agent as well as the company. My MH was rear-ended by an elderly gentleman who mashed the gas instead of the brake when the speed limit changed fro 55 to 50. Appraiser (my company) had me take it to 2 different places for estimates and told me I could use either repair facility even though one was $3000 higher than the other. When I found out that it would take Newmar 2 months to make the fiberglass pieces, it was my agent who asked about my storage lot and who filed for 2 months rent loss of use. Never had an issue with my company and never had to talk to his about anything. They didn't ask for any sign off until I was completely satisfied with everything. Not all insurance companies are out to shaft their customers.

[rightlaneonly]

Grit dog wrote:
^Hes not behind, he’s ahead of the game..
No one is saying the OP needs to cash in on a fraudulent claim but if you think the insurance companies are going to be upfront honest and giving, you must have had a better experience than I with insurance companies.
It’s called fight fire with fire.

My mama taught me two wrongs don't make a right

[Grit_dog]

^Hes not behind, he’s ahead of the game..
No one is saying the OP needs to cash in on a fraudulent claim but if you think the insurance companies are going to be upfront honest and giving, you must have had a better experience than I with insurance companies.
It’s called fight fire with fire.

[4x4van]

DownTheAvenue wrote:

BarneyS wrote:

DownTheAvenue wrote:
Snip...
If you had personal injuries, your leverage with the insurance adjuster would be much stronger. Isn't your back hurting now from the force of the wreck? Perhaps you should be having pains that require medical attention.

Sounds like you are advocating he file a false claim! :E
Barney

Quite the contrary, very often injuries are not immediately noticable and days after a wreck is when the soft tissue damage is felt. Sometimes people don't associate the sudden pain and injury with the wreck that occurred earlier.

:R Please, quit while you're behind. :R

[down_home]

Thom02099 wrote:
The scenario:

On 07.29.19 travelling southbound on I-69 at MP 221.6 outside Anderson, IN. This is in a construction zone, with a posted speed limit in the work zone of 55MPH. There is a Y configuration for the lanes, the right lane going one direction, the left lane going another direction, and the construction in the middle/closed lane. There was a previous/similar construction zone about a mile prior to this one.

A UHaul truck stops suddenly in the middle of the Y median. The car directly behind it, and directly in front of me, brakes to keep from hitting the UHaul, as she has nowhere to go. I also brake to keep from hitting the car, and appear to have avoided it, when I hear a crash behind me, and am pushed forward into the car by a Freightliner semi who rear ended my trailer. We all get out of our vehicles to see if anyone is hurt; there are no injuries. No airbag deployments either, we were going approximately 40-45MPH. We all move our vehicles out of the roadway, and I call 9-1-1 to get law enforcment to respond. We all also exchange information, with the exception of the UHaul driver who left the scene. I take lots of pictures of the damage to my 2007 GMC Sierra SLE 3500 dually and my 2007 Keystone Outback 25RSS trailer.

Indiana State Police Trooper arrives, takes a look at all the vehicles, gets all our information. Provides me with an instruction sheet as to how to get a copy of the report, and states that the driver of the Freightliner is 100% at fault, that he had a duty to be far enough back as to avoid an accident. Driver was cited.

I asked the trooper if he thought it was safe for me to drive my rig, he took a look at it (he's a trailer guy too), said it looked like everything was OK to tow, but recommended a local RV dealer if I wanted to have it checked out. Took it to that dealer, they said the hitch and bumper on my GMC would need to be replaced, and that they could sell me a hitch. They also recommended a local Chevy dealer to check out the bumper. Drove over to them, they said the bumper would definitely need to be replaced, and emailed me an estimate. I asked both of them if the rig was safe to drive, to go back to Colorado, neither would give me a definitive answer. Thought I was going to be stuck there for a few weeks.

I called Liberty Mutual again, they said I could go to a local collision repair place and get an opinion, and gave me the names of 2 in the Anderson area. Went to one of them the following day. Appraiser there said the frame was good, the bumper, though damaged, was still tight, and that the hitch also appeared to be tight, though bent downward due to the angle of the bumper. He said there was a hitch place near by, if I wanted to get another opinion, so went over there as well. Guy there inspected the hitch, said that it looked tight, thought it was missing a nut and that part of a bolt had been sheered off, but was still in tight condition. I asked both if they thought the rig was driveable back to Colorado, both said yes.

The Freightliner driver drives for Watkins and Shepard Trucking/Schneider National Carriers and has Old Republic Insurance. He had already called in a claim when I called them, they said it would be 24-48 BUSINESS HOURS (presumably meaning 3-6 days) before a claims adjuster would be assigned and contact me.

In addition to the damage to the bumper of my GMC, the trailer sustained significant damage. The rear bumper was pushed up and inward, peeling back off the support strut, the spare tire carrier was pushed into the rear wall of the trailer and in to the interior of the trailer, where a step was damaged, along with both of the benches for the dinette. The rear slide out handle was damaged, and the slide out will not slide completely out. Appears that part of the roof support also has come loose, and there is damage to a cabinet in the slide out. Both of the stairs for the door entries were also damaged, making it difficult to deploy the stairs, and the rear door doesn't close correctly. That is what is visible, I don't know if there's damage underneath.

Was able to make it home to Colorado safely (3 days coming back), got back here on Friday, 08.02.19. Now awaiting contacts on my various claims. GMC will be handled by a collision center near by. The trailer will have an inspector come out a see if it's repairable or will be totalled. I'm also going to call a service I've used before and have them inspect it as a disinterested 3rd party, to give me an approximation on repair costs. And YES, I do plan to, at minimum consult an attorney.

My insurance processor said that, in the event that the trailer is totalled, they would pay off the lien on the trailer and they go after the other driver's insurance, for my deductible among other things. They would also pay the collision center direct, again minus deductible, for the repairs to the GMC.

My guess is the trailer is totaled, as the entire rear portion of the trailer would need to be replaced as well as removal of the rear slide out to even make any repairs.

My questions:

My insurance pays off my trailer lien then presumably goes after Old Republic for that payment, plus my deductible for both vehicles. But who pays for loss of use? I've made reservations at a variety of campgrounds for the remainder of the summer/fall, that I will now have to cancel, and will only get a partial refund. Also loss of use, who pays for the trailer storage that I paid for in advance? I have 5 months of storage paid for and nothing to store, if it's totaled.

There is also the "making it right" part of this. Indiana is an "at fault" state, so with the other driver being 100% at fault, it seems to me that his insurance company is responsible to make this right, yes? I didn't ask to be in an accident, their driver was negligent, and now they should cover the cost of a replacement trailer, yes?

Hope to have some answers later this week, but it's so frustrating to be in limbo, playing a waiting game. I know, it's likely to be a long drawn out process.

Opinions/thoughts/suggestions?

If you subrogate your claim to your Insurance, s you have, have through discussion as to coverage, even if totaled he may only offer book value and then it is up to you get a new replacement value difference. And loss of use and loss of value and extra cost for travel, and motel etc are all viable legal claims. Talk to the other insurance co after talking to yours about this and don't sign anything without thorough understanding of what you are signing, from them. We have the claims above what our insurance Co covered taken care of promptly by other party's ins promptly and satisfactorily, but if you can wait until you have check in hand and determine hand or agreement then talk to the other ins about the difference. If you have to a Lawyer can get it and ad his cost to it. You want fully made whole of all loses and extra cost involved including time from your vacation or trip, loss of value in your truck, as any vehicle, in a n accident looses a lot on trade in. We found that out, expensively from when, we had our toad hit in Indiana and went to trade months later. You Insuor may not/probably won't talk about that and neither will the other Insurance hoping you won't think about it.