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Liability

TomG2
Explorer
Explorer
Say that I am towing my friend's new travel trailer with my pickup and hit a low hanging tree limb and destroy the trailer's electric awning. Whose insurance pays, minus the deductible, of course.

Dang, I wish I hadn't done that!
53 REPLIES 53

DiskDoctr
Explorer
Explorer
Wow. Some real "answers" here.

Tom, sorry you had this trouble, it is truly unfortunate. At least it seems things worked out for you.

Also sorry to see some like to poke and irritate others for their amusement? Not all, some were honest and tried to be helpful.

I think you handled both the situation and the thread quite well :C

lbrjet
Explorer
Explorer
IB,

It is not fine print that leaves the truck insurance company off the hook. Only liability extends to a towed vehicle on any policy. The truck insurance policy is not going to cover damage done to a towed vehicle under any circumstances. Liabilty means covering damage to other's property, not your property.

Tom,

Do you know which section of the trailer policy covered it, collision or comp? Just curious.
2010 F250 4X4 5.4L 3.73 LS
2011 Flagstaff 831FKBSS
Equalizer E4 1200/12000

TomG2
Explorer
Explorer
IBcarguy wrote:
I think that since it was your vehicle and you were driving, the insurance claim should fall under your insurance policy, unless some fine print gets them off the hook.


I will not argue the point. "Should" is a big word but apparently the insurance industry has determined that Liability (damage to others) extends from the truck to the trailer, but Comprehensive and Collision are unique to each unit. It did not matter to us and I was prepared to pay whatever was not covered under our policies.

What I learned is that "Should" is a matter of one person's judgement compared to another's. The fact is, even if we were towing the trailer with her vehicle, the trailer insurance would still be the one replacing the awning. This may not be the way it "Should" be, and I have paid many small claims out of my own pocket, but I let Progressive help with this one.

IBcarguy
Explorer
Explorer
TomG2 wrote:
IBcarguy wrote:
I think liability falls to the person driving the vehicle, with or without involving insurance companies.


I am glad that so many members feel like I should pay for all insurance claims out of my own pocket and save them money on their policies. I wish more folks spent their own money rather than turn in claims also. You go first.

After reading your original question again, my comment of liability isn't relevant to what you asked. My point of liability was meant more to who is ultimately responsible for the damages, which isn't what you were questioning.
So more to the point...I think that since it was your vehicle and you were driving, the insurance claim should fall under your insurance policy, unless some fine print gets them off the hook.

lbrjet
Explorer
Explorer
Thanks for coming back and letting us know.
2010 F250 4X4 5.4L 3.73 LS
2011 Flagstaff 831FKBSS
Equalizer E4 1200/12000

TomG2
Explorer
Explorer
Sorry that a few of you think that I am avoiding my responsibility by sharing it with my girlfriend and insurance company. I will send the check back and pay for the whole deal if that will make you happy.

Some asked for the resolution of this accident and I was simply posting what the insurance company came up with. Sorry if it does not agree with your opinion.

TomG2
Explorer
Explorer
Asked a simple question, "Which insurance do we turn the claim into?"

The heroes can't answer the question but tell me how to handle my relationship with my girlfriend instead. If paying for the damage is what you guys have to do to keep your girlfriends, I feel sorry for you. It is a little thing called "sharing" guys. Not assigning blame.

ROBERTSUNRUS
Explorer
Explorer
TomG2 wrote:
IBcarguy wrote:
I think liability falls to the person driving the vehicle, with or without involving insurance companies.


I am glad that so many members feel like I should pay for all insurance claims out of my own pocket and save them money on their policies. I wish more folks spent their own money rather than turn in claims also. You go first.



๐Ÿ™‚ Hi, and I wish people who post questions on this, or any other forum, wouldn't change their story twice after people tried to help them.

And if it was my girl friend's trailer, and I did it, I would just pay for it out of my pocket and move on. Unless this is a younger generation thing, I wouldn't be surprised if after this trailer is fixed, your girl friend dumps you. (do you make your girl friend pay half on a date too?????)
๐Ÿ™‚ Bob ๐Ÿ™‚
2005 Airstream Safari 25-B
2000 Lincoln Navigator
2014 F-150 Ecoboost
Equal-i-zer
Yamaha 2400

azwildcat
Explorer
Explorer
It looks like everything worked out ok. Thanks for letting us know of the resolution.

Happy camping

TomG2
Explorer
Explorer
IBcarguy wrote:
I think liability falls to the person driving the vehicle, with or without involving insurance companies.


I am glad that so many members feel like I should pay for all insurance claims out of my own pocket and save them money on their policies. I wish more folks spent their own money rather than turn in claims also. You go first.

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

TomG2
Explorer
Explorer
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.

Walaby
Explorer II
Explorer II
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
Im Mike Willoughby, and I approve this message.
2017 Ram 3500 CTD (aka FRAM)
2019 GrandDesign Reflection 367BHS

azwildcat
Explorer
Explorer
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.