Buddy of mine is freaking out because progressive insurance is coming after him for 30G for a boat that was damaged while he was transporting it under hire. Yes, he has his own insurance and was operating under an LLC.
Here is the story. Boat was new and my buddy was hired by a someone to transport the boat to Florida. The boat was on the original trailer that the boat came with. My buddy offered the guy and option to cover the trailer/boat with addition insurance which the guy declined. So as my buddy is driving town to Florida, he hits a transition as the tow vehicle and boat come to a bridge. As the trailer goes over this transition, the boat trailer buckles and folds and causes the boat to hit the side of the bridge causing massive damage to the boat.
So, my question is this. My buddy has been driving and logged years of experience with his CDL. He wasn't doing anything that he shouldn't have and the trailer structure itself failed. How can he be liable for that? I get it, if he was negligent or doing something careless. But in this case, the trailer itself failed. The boat and the trailer are not owned by my buddy. I have seen pictures and it's a new trailer. Certainly, didn't look like anything was out of sorts with it before he loaded it on his suburban. Maybe the owner should go after the maker of the trailer? What am I missing here. I just don't see how a judge could find fault with him as the driver.
Thanks for any feedback.
The problem is, this isn't about fault, it is about screwing who they can. They have lawyers getting paid whether they sue your friend or not. So it is win win for them.
I have a contact that's been in insurance for 30 + years that warned me off that company. He told me they will do anything to not pay a claim and also do exactly the kinds of things they're trying to do to your friend.
First and foremost, I'd be pretty sure Progressive will contend that your friend should have reduced his speed (whatever it was) with the awareness that he was approaching a road feature that would predictably involve a significant bump, together with the hazard of the bridge structure in close proximity to his cargo.
Perhaps Progressive will also contend that the trailer was not attached in a sufficiently secure manner to his Suburban to prevent the trailer from swinging to the side.
I know your friend does not want to have to mention this to his own insurer, but he will have to unless he wants to pony up himself. Perhaps his insurer will agree that he was not at fault and it won't have an adverse effect on his rate.
Regarding rates - Tell him to contact a broker next summer and they can get him the same rates from a new company. Assuming he has enough coverage this isn’t something to freak out about.
Regarding a contract - tell him if he hasn’t already always make sure there is a contract in place and he is off the hook for anything short of gross negligence on his part. That should help with insurance rates too.
+1. It’s always worth it.
Your buddy’s insurance pays progressive.
Your buddy’s insurance company either moves on or subrogates against the trailer manufacturer.
Regardless, your buddy should be covered. Let the insurance companies fight it out behind the scenes.
Regarding rates - Tell him to contact a broker next summer and they can get him the same rates from a new company. Assuming he has enough coverage this isn’t something to freak out about.
Regarding a contract - tell him if he hasn’t already always make sure there is a contract in place and he is off the hook for anything short of gross negligence on his part. That should help with insurance rates too.
Drives other drivers nuts, but I've seen PLENTY of videos of buckled trailers from EXACTLY what happened to the boat trailer in question.
Dashcams are a great idea for many reasons - could have been used to determine speed here.
The point I'm trying to make is that the boat is insured by the owner also, and they should be aware of the transport regardless of the owner declining coverage from your buddy the trucker.
The problem is, this isn't about fault, it is about screwing who they can. They have lawyers getting paid whether they sue your friend or not. So it is win win for them.
I have a contact that's been in insurance for 30 + years that warned me off that company. He told me they will do anything to not pay a claim and also do exactly the kinds of things they're trying to do to your friend.
Makes me glad I have Geico. Was in a hit and run accident last fall and Geico has been good to us, so far anyway. Not only do I hate Progressive commercials, but they do this crap? Rotten bastards.
That’s my lawyerly first take.
The thread is also worth noting for us average drivers not towing anything to pay particular attention to anything being towed on dicey road beds...keep your distance
It shouldn't be an option -- I don't take the job unless the customer pays to insure the transport
We came to a complete stop on the highway due to construction, but the coast guard wasnt paying attention and rear ended me in my mazda p/u which then catapulted about 10 feet into an Olds Cutlas.
The Fed Gov doesnt cary insurance, they are self insured.
So to get to the chase, I had to pay the damage to the car in front of me due to the Coast guard truck hitting me. Reason, I was the guy in the middle.
It took me 7 years later of lawsuits to get my medial reimbursed and only about $2000 for my truck repair. During all that time I was out of pocket for Dr. bills, had to buy a used car...etc.
No fault on my own but the Gov has more lawyers. So my response to your friend would be to get it done quickly and move on. Lawsuits and insurance only help those with the deepest pockets in my experieince.
Good luck!