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 > Was rear ended on the highway

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Thom02099

Loveland,CO

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Posted: 07/11/19 03:22pm Link  |  Print  |  Notify Moderator

If you haven't already, take pictures. Lots of pictures, of everything you can think of, relative to the damage to your truck and trailer.

Get a copy of the police report. Make sure you have the investigating officer(s) name(s) and badge numbers. Make sure you have the name of the officer's supervisor who signed off on his/her report.

Find out if the state in which this happened is a no-fault state or a tort state. It can make a difference as to the degree of responsibility. Even though the officer said it was 100% the other driver's fault, if he hires an attorney, he could try to blindside you. Make sure that the police report says that it was 100% the other driver's fault. Consult your own attorney (as mentioned previously) to know your rights in that state. It may differ from your home state (if this did not occur in your home state).

Do not sign anything until you consult an attorney. Do not waive any of your rights. You don't have to tell anyone you're consulting an attorney, but do so...immediately. Your future could depend on it.


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Deb and Ed M

SW MI & Space Coast, FL USA

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Posted: 07/11/19 03:45pm Link  |  Print  |  Notify Moderator

Kennydean - you might call the local VA Services, and see if someone can give you a hand wading through all the gobbledegook? Someone who can be your advocate? It sounds like your truck has a damaged frame, given the movement of the wheels. Maybe someone at the campground knows a good local mechanic who can take a look for you? I'm sorry this happened to you and you're by yourself dealing with it.

DownTheAvenue

Sunny South

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Posted: 07/11/19 04:24pm Link  |  Print  |  Notify Moderator

Campfire Time wrote:

DownTheAvenue wrote:

State laws differ but as an attorney I can tell you the at fault driver and his or her insurance company has the obligation to make you "whole," that is to pay for repairs or the cost of replacing whatever is damaged beyond a financially feasible repair. They also have to supply substitute transportation (rental vehicle) and, if you were living in the RV, substitute housing. They also are responsible for any medical expenses you have and pay for the pain and suffering you endure before you heal. If your injuries are such you never fully recover, then the award could be substantial.

Your insurance should not even be involved unless the at fault driver has no insurance or is underunsured, and you have uninsured or underinsured coverage.

With all due respect, you seem unsure how to procede and an insurance adjuster for the at fault driver could take advantage and get you to sign away most of your recoverable damages. Remember, that adjuster's job is to mitigate as much as possible the damages they have to pay for. They are not your friend.

You would be very wise to consider hiring an attorney to represent you, especially if you have any injuries. Be selective when hiring an attorney.


I mostly agree but I do not agree about not involving your own insurance, unless it's a policy that dings you even if they fully recover. The few times we've been hit our insurance company took care of everything. We even recovered our deductibles. But this may depend on your policy. It certainly can't hurt to ask your agent. That said, being that it sounds like there are injuries, I agree about the wisdom of consulting an attorney.


State laws differ, but involving your insurance simply means they will pay up to your poicy limits and then try to collect from the at fault driver's insurance. The problem with this is two fold; first, the claim goes against your insurance and can be used to increase premiums, and second, you have eliminated any claim for pain and suffering as your insurance will not pay that to their insured- only actual loss.

You can agree or disagree but unless you have legal expertise like I have, perhaps a learned response carries more weight.

wa8yxm

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Posted: 07/11/19 05:04pm Link  |  Print  |  Notify Moderator

IF they were going 82MPH and did not even try to slow/stop the words "Reckless Endangerment" Spring to mind.. A good attorney hearing those words will start thinking about his new vacation home he will be buying with the money he gets as his share of the settlement...

I'd go for it.


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Grit dog

Black Diamond, WA

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Posted: 07/12/19 08:55am Link  |  Print  |  Notify Moderator

First sorry to hear of your incident and situation and thank you for your service.

"State laws differ, but involving your insurance simply means they will pay up to your poicy limits and then try to collect from the at fault driver's insurance. The problem with this is two fold; first, the claim goes against your insurance and can be used to increase premiums, and second, you have eliminated any claim for pain and suffering as your insurance will not pay that to their insured- only actual loss.

You can agree or disagree but unless you have legal expertise like I have, perhaps a learned response carries more weight. "

^THIS is sage advice. While it's harder to keep your ins co out of it these days I'd imagine, this course of action worked well for me in the past. There are several reasons to try to follow this course of action and I would have contacted the offending party's insurance first. If you can get that info (you should have already had it unless the other party is uninsured and they should have received a no proof of insurance ticket on the scene), that would be best before opening a claim with your ins co.
IF the other party has no insurance then you're already on the right track.
However, there is often more than one side to the story and this is no exception. Truck/trailer is not drive-able, but you made it to the campground? You didn't get the other parties info? Were they injured? Did they get your insurance info? Were there any ad hoc claims like your brake lights weren't working etc?
Your policy limits including towing, rental, loss of use, etc?
This is all good info to try to know or figure out in short order.

If many of these questions are unanswered and you're unsure of what to do, then continue on with your ins co and let them be your advocate, imo.
Good luck!


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JaxDad

Greater Toronto Area

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Posted: 07/12/19 09:52am Link  |  Print  |  Notify Moderator

Kennydean wrote:

Hello, this was my third outing and the beginning of my vacation I have a 27 foot cougar fifth wheel 2015. I pull it with my ram 1500. I was driving on the highway and was rear ended by a car going 82 miles an hour and they didn’t even put their brakes on so it hit me with full force.



RandACampin wrote:

If they hit your trailer at 82 mph like you said you would not even have a trailer.


Thats quite a leap of faith.

The OP said "I was driving on the highway and was rear ended...." but did NOT say at what speed he was traveling himself.

If he was going 81 it would have been a little bump, if he was doing 65 it would have been a 17 mph speed difference.

And that's IF the other vehicle was going 82, how does anyone know?

Mr.Mark

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Posted: 07/12/19 10:16am Link  |  Print  |  Notify Moderator

JaxDad,

Here is what the Original Poster posted on page one......


Kennydean wrote:

Thank you all for your advice. The adjuster should be at the camp site in about an hour. Some information. The police could not give me any info on the diver related to insurance. But he said that the speedometer was stuck at 82. There was no skid marks. I was in the right lane going 55-57 mph when I was hit. This has put me into a depression and I have been in menu. I got a rental on Tuesday then went to ER. Had to go back this morning. I just don’t know how they determine if it’s totaled or not. Manyat the park that heard all the noises my truck and trail made coming in.came over to look. But if my slide is connected bolted into the frame and with the thrust of the impact could it affect the frame? Guess I will know this evening. I was told it’s a cost ratio for everything. I know the officer told me it was not my fault and was the other drivers 100 percent at fault. I am hoping this doesn’t go on my records. Because having a Trumatic brain injury TBI I am evaluated every two years. Thank you all again and will post after the adjuster finishers. Oh the adjuster is from usaa.


MM.


Mr.Mark

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Deb and Ed M

SW MI & Space Coast, FL USA

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Posted: 07/12/19 11:12am Link  |  Print  |  Notify Moderator

JaxDad wrote:



And that's IF the other vehicle was going 82, how does anyone know?


In a previous entry, the OP said the police told him the rear-ender's speedometer was pegged at 82 when it broke from the crash

Kennydean

GA

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Posted: 07/12/19 11:29am Link  |  Print  |  Notify Moderator

Hello to all. It’s been a whirlwind of an ordeal yesterday adjuster came out to make a short story shorter he told me that my trailer was totaled. With all the damage to the outside back and slide Plus the vent frame. The truck he said probably needs a new transmission shocks springs as far as he knows it’s not or I should say the frame is not bent but they just took the truck to a Chrysler dealership in Chattanooga Tennessee for diagnostics etc. and should know in A bout three days on the truck and wouldn’t know for about three weeks or so about the trailer. What this all means I don’t know. I know I’m getting somewhere but where I don’t know. I asked insurance about hotel they told me that they don’t provide that I could keep the receipts and try to get it back from the other insurance . I packed everything out of my trailer into the rental car. But will have to come back tomorrow to get everything that’s underneath the trailer. I am waiting for them to pick up my trailer and take it to camper world in Chattanooga Tennessee and then if time remaining I want to go to the sheriffs department and see if the accident report is completed. I was told in Georgia I am obligated to have the report free of charge. I did go back to ER last night and they gave me a neck brace as it felt like my neck was holding 100 pounds plus some new pain medication . I do not know if the adjusters decision of what he told me yesterday is the final word or if the insurance company has the final word. The tow guy trying to take the truck or disconnect the truck from the trailer my slide hitch is bent as it took us forever to disconnect . The adjuster didn’t say anything about that I’m wondering if I should contact him as that slide is not cheap. Thank you for any advice you may have

Kennydean

GA

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Posted: 07/12/19 11:34am Link  |  Print  |  Notify Moderator

GA state law prohibits the policeman to give any party any information. They are required to give each party the Accident number. That’s all they gave us. My insurance USAA said they have to go through a third-party to get the accident report and they have not received it yet and requested me to contact the police department to see if it’s available and if it is for me to pick one up.

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