Who pays for this accident?

[Chipster27]

So here's the story. I loan my truck/5th wheel to a buddy so he can move his 5th wheel trailer. He doesn't connect the trailer properly and it falls on my bed, damaging the bed, tailgate and his trailer.

I called my insurance company and they said I'm not responsible, don't have to pay my deductible and it won't count against me. They also advised me to have him run it through his policy as he was driving and liable for the vehicle.

He and I are good friends and neither one of us is too concerned about how it gets repaired, he's good for it and my insurance company said if worst comes to worst I can claim it and they will go after his insurance company. This is all good with me.

A girl he's dating works in the industry and she said it needs to run through my insurance as the liability "follows the vehicle", as she put it. OK, so why run it through mine when they are just going to go after his for compensation. Her response again is that I have to initiate the claim because it's my truck. In hindsight it dawned on me that my truck as the collateral damage and the vehicle that caused it was his trailer falling on my vehicle. If the liability "follows the vehicle" then shouldn't he claim it?

He's also concerned with paying two deductibles. If he runs it all through his ins he should only have to pay one deductible as his company will be responsible for both vehicles. If we each run the damage through our own insurance then will he have to pay both deductibles?

How does this play out?

 

[Phebus]

Tell the guy to man up and tell his girlfriend to shut the fuck up.

 

[TITTIES AND BEER]

I would say let him / his ins take care of it

 

[HavasuHank]

Tell Cliff to get his own truck lol!!

 

[OutCole'd]

Not sure, but can I borrow your boat?? (again)...:thumbsup

 

[Phebus]

Not sure, but can I borrow your boat?? (again)...:thumbsup

Yes, but don't ask to use the anchor.

 

[WildHorses24]

Truck:
Have him claim it under his Auto policy for the damages to the truck under "rented or borrowed vehicles", he pays ded on his policy to fix your truck. If his company said no than you claim it under yours and have him pay your ded.
Trailer:
By the few details provided it sounds like a chargable accident for him but your premium shouldn't be affected. I assume he was towing the trailer when it fell so it would be collision. The trailer damage would be covered under his "physical damage" trailer policy and subject to a second deductible. Only liability follows the vehicle in this case, ie damage the trailer causes while being towed not damage to the trailer itself.

 

[OutCole'd]

Yes, but don't ask to use the anchor.

I'm never touching an anchor again, I'll be beaching it from now on...

 

[28Eliminator]

Does he own a black BMW

 

[TITTIES AND BEER]

:thumbsup:thumbsup:boobeyes:

Tell the guy to man up and tell his girlfriend to shut the fuck up.

 

[SKIDMARC]

Tell the guy to man up and tell his girlfriend to shut the fuck up.

x10!!! This should not even be a question. He borrowed..he wrecked...he needs to take care of it all.

The old saying goes, you borrow it, you break it, you buy it!

 

[Chipster27]

Truck:
Have him claim it under his Auto policy for the damages to the truck under "rented or borrowed vehicles", he pays ded on his policy to fix your truck. If his company said no than you claim it under yours and have him pay your ded.

That's pretty much what I was told by my insurance guy but his GF kept saying "it follows the vehicle".

Does he own a black BMW

LOL, no a silver one

x10!!! This should not even be a question. He borrowed..he wrecked...he needs to take care of it all.
The old saying goes, you borrow it, you break it, you buy it!

He has no problem paying for it. After his GF quick talking he pulled me aside and said he'll do what ever it takes to get it fixed.

 

[HavasuHank]

If you want to play with big boy toys, you gotta play by the big boy rules.

If you fuck it up, fix it and all is well.

 

[McRib]

I agree with wildhorses. His trailer insurance should be the one to handle this. Then again if ur 5th wheel plate failed then that might change things. The trailer did the damage so id start with his trailer ins.

This is why I always do a pull test. Once hooked I plug in the trailer, squeeze the brake controller and give it a bit of gas to ensure its locked. Then get back out and raise the feet.

 

[TBI]

Have you tried a different prop?

 

[460]

First mistake was letting a chick get involved in yours and your buddies business. You guys handle it as you see fit

 

[rivermobster]

Tell the guy to man up and tell his girlfriend to shut the fuck up.

This! ^^^

If you want to play with big boy toys, you gotta play by the big boy rules.

If you fuck it up, fix it and all is well.

And this. If he fucked up your shit, he should be getting it fixed.

 

[Nordie]

Why not leave insurance out of it and go cash money? Keeps everyones rates from going up. Especially for a friend type of deal. This isnt an accident where a stranger is involved...

Sent from my SGH-T959V using Tapatalk

 

[Phebus]

Have you tried a different prop?

He is waiting on his prop gauge to be delivered.

 

[OutCole'd]

Why not leave insurance out of it and go cash money? Keeps everyones rates from going up. Especially for a friend type of deal. This isnt an accident where a stranger is involved...

Sent from my SGH-T959V using Tapatalk

It's jacked up pretty bad, probably 8-10K fix after all is said & done.

 

[OutCole'd]

Have you tried a different prop?

He would have, but he loaned his prop to a buddy, who then damaged it. See the trend here?

 

[TBI]

He is waiting on his prop gauge to be delivered.

2 weeks?

 

[H20-ski]

Have you tried a different prop?

I see it's all figured out who pays..:thumbsup

 

[SKIDMARC]

That's pretty much what I was told by my insurance guy but his GF kept saying "it follows the vehicle".

LOL, no a silver one

He has no problem paying for it. After his GF quick talking he pulled me aside and said he'll do what ever it takes to get it fixed.

Thats cool that he told you that:thumbsup.Girls just like to stir shit up.

 

[pronstar]

Let him handle it, any way he wants so long as it's not thru your insurance company. Why involve more parties/people/companies than necessary?

 

[Grey20SST]

I have worked in this industry for a long time and the GF is right. The insurance follows the vehicle not the driver. It would not be possible to use his coverage as your truck and trailer are not on his policy. The only thing you would have to pay is you deductible. I doubt that they would go after him or his insurance since you lent him your stuff. Being courteous, he should front your deductible and if your insurance says it won't affect your rates or record then you are in the clear. Just my $.02.

 

[Cole Trickle]

Insurance will typically follow the vehicle....

Most carriers would pay secondary liability or damage to the other party but won't cover the vehicle he was driving (yours)

There are exceptions like licensed rental car agencies,etc....(trucks,vans,trailers and motorhomes are typicaly excluded)

I have seen alot of friendships go badly becuse of this. If it was your buddy I would pay your collision deductible. Chances are he will then be excluded by your policy for eternity after they cover it under the permissive user provision.

 

[WildHorses24]

Beat me to it^^

 

[Old Texan]

I have worked in this industry for a long time and the GF is right. The insurance follows the vehicle not the driver. It would not be possible to use his coverage as your truck and trailer are not on his policy. The only thing you would have to pay is you deductible. I doubt that they would go after him or his insurance since you lent him your stuff. Being courteous, he should front your deductible and if your insurance says it won't affect your rates or record then you are in the clear. Just my $.02.

OP states the trailer was the borrowers who has his own insurance.

 

[Cole Trickle]

OP states the trailer was the borrowers who has his own insurance.

2 collision deductibles

Chips Truck

Friends Trailer

Chips insurance shouldn't go up but his buddy will have a chargeable non BI accident. (not a huge deal if he has a clean record)

 

[WildHorses24]

OP states the trailer was the borrowers who has his own insurance.

Exactly, which is why both ded's will need to be paid. 1 for the trailer policy and 1 for the truck regardles if its on OP's or friends auto policy. Neither auto policy would pay for the trailer damage in this case.

 

[milkmoney]

big boy toys, big boy rules..:thumbsup

 

[ArcadiaBrad]

With regards to the damage to the truck, if it's that bad have you looked into buying a "take-off" bed and change it out completely....

Probably save a lot of money....

 

[JBS]

Yep 2 Deductibles.

Totaled a Suburban and a Travel Trailer years ago. Both with the same insurance company but different policies.

Had the deductible charged twice.

 

[Mrs.HLB]

From what I was just told from a claim rep..
Damage to truck is covered under truck policy with collision deductible. Damage to trailer will go under trailer policy with physical damage deductible. So yes the friend will have 2 deductibles to pay. If Chip and friend carry No deductibles on their collision/physical damage coverage, that would be perfect, but more than likely they do.

Good luck!
Mrs.HLB

 

[Meaney77]

I had this same thing happen to me in May. My buddy let me borrow his truck so I could tow my fifth wheel to Moabi for an annual trip we had planned. My truck was in the shop getting serviced. As we left Moabi on the last day I didnt lock the hitch correctly (slightly different set up than mine) and as I pulled away to leave trailer slammed down on the side of the bed of the truck. I called my insurance and they told me the same story you are getting. Rather than hassle it I ended up paying cash out of pocket. I didnt want to ask my buddy to file a claim through his company and it would have been a point on my record. I would think my rates may have gone up so I figured it was just easier to pay for it out of pocket and be done with it.

 

[BUDMAN]

Sounds complicated. Good Luck

 

[RUNNINHOTRACING163.1]

Tell the guy to man up and tell his girlfriend to shut the fuck up.

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[Chipster27]

Thanks all! As someone said, my truck his trailer. I have insurance, he has insurance. What I don't understand is that it follows the vehicle, the vehicle that caused the damage was his trailer, my truck was collateral.

Chances are he will then be excluded by your policy for eternity after they cover it under the permissive user provision.

LOL, well I guess that means he won't be asking me to borrow my truck next year too

With regards to the damage to the truck, if it's that bad have you looked into buying a "take-off" bed and change it out completely....

Probably save a lot of money....

Not a bad idea, but if it's going through insurance I'm not too worried about it.

So yes the friend will have 2 deductibles to pay. If Chip and friend carry No deductibles on their collision/physical damage coverage, that would be perfect, but more than likely they do.

Good luck!
Mrs.HLB

LOL, we both have $1000 deductibles This is going to be an expensive lesson....

I had this same thing happen to me in May. My buddy let me borrow his truck so I could tow my fifth wheel to Moabi for an annual trip we had planned.

It's the curse of the Pirate..that's where he was going!
Thanks again for the feedback! As I said before, I'm not worried about it. I spoke to my agent and he was totally cool about it.

I have never filed an "at fault" claim in over 30 years of driving. In the past two years I have now had to make to claims for damage caused by others :grumble:

 

[pronstar]

I have never filed an "at fault" claim in over 30 years of driving. In the past two years I have now had to make to claims for damage caused by others :grumble:

You've been married/divorced enough time to know "it's always your fault"

 

[HavasuHank]

chip, why do it through the insurance?

why not handle it privately, then you wont have to pay a deductible.

 

[BadBlown572]

chip, why do it through the insurance?

why not handle it privately, then you wont have to pay a deductible.

Big $$$ fix. Cheaper and easier to turn it in through the insurance.

 

[BigHeart]

Thanks all! As someone said, my truck his trailer. I have insurance, he has insurance. What I don't understand is that it follows the vehicle, the vehicle that caused the damage was his trailer, my truck was collateral.

Errr.... not unless the trailer moved all by itself. I don't know that anybody has liability insurance on a trailer. :/

LOL, we both have $1000 deductibles This is going to be an expensive lesson....

We have a friend who has been unemployed for +two years, living hand to mouth, and recently asked to borrow our spare car for a few days while hers was being worked on. I knew there was no way she'd be able to pay our deductible if anything happened so it was a flat NO. As long as your friend can and will pay, then yes, expensive lesson, but you're learning the quality of his character as well.

 

[Chipster27]

Errr.... not unless the trailer moved all by itself. I don't know that anybody has liability insurance on a trailer. :/

True...

 

[TBI]

Just turn it into a flatbed, Get-R-Done! :thumbsup

 

[ROZ]

Why you let RiverRoyal borrow your shit. Dude is missing half a finger, shots bound to get fucked up

 

[DaveC]

Whats hilarious about this thread is the sheer number of "thanks" that Phebus is getting for this post.

Well done!!

Lol

Tell the guy to man up and tell his girlfriend to shut the fuck up.

 

[Mandelon]

Why you let RiverRoyal borrow your shit. Dude is missing half a finger, shots bound to get fucked up

Peace?...no, check mark!

 

[TBI]

Whats hilarious about this thread is the sheer number of "thanks" that Phebus is getting for this post.

Well done!!

Lol

Phebus for President!

 

[COCA COLA COWBOY]

That's pretty much what I was told by my insurance guy but his GF kept saying "it follows the vehicle".

LOL, no a silver one

He has no problem paying for it. After his GF quick talking he pulled me aside and said he'll do what ever it takes to get it fixed.

He needs to get rid of the girlfriend, she is going to cost a lot of money in the future. She is just a divorce glimour in his eyes.