TCS Legal Department- Liability Question

[93SVT]

So a couple of weeks ago I was on HWY 100, traffic was somewhat tight, all of a sudden cars are going every witch way and there is this big black thing bouncing from lane to lane, happened in about a second and I and nowhere to go , hugged the right side of my lane the best I could but it took a bounce at the last second and caught my left tires, instant failure at 65 mph, car was all over the fuckin road as I tried to bring it down to speed. Turns out it was a sheet metal wheel fender from a small utility trailer, I had two flat tires, had to be towed home, real pain in the ass not to mention $320 for the tires and tow, very lucky nobody died or was hurt. So the guy whos trailer shed its parts pulled over, gave me his insurance, said he was sorry, offered to help anyway he could ect.. Well I called his insurance company, he had already opened a claim, they took my statement, I’m figuring a small amount this will be a fast ordeal. I never hear back from them so I call, they are saying they are not responsible because the trailer was somewhat new and it was an obvious defect. They claim they/ their insure is not responsible because “there is no way he could have know it would fall off” Seems like I load, I was under the impression that you are responsible for your property regardless, like when a dog bites a kid, you’re responsible even if you didn’t know it was going to happen.

They are telling me to take it up with Northern Tool or my insurance company, fuck that! I told them I’ll be filing in small claims court against their insure, they said go ahead they will defend him and then I asked wouldn’t that cost more than paying the $320 in damage and they said yes but they will anyways, fucking fuckers!

So my question is does anyone have a pretty good understanding about liability statutes in MN, are they correct? Seems pretty messed up if they are, same thing happened with my boat trailer fender and I just paid out of pocket for the persons bumper to be repainted, guess I’m a sucker!

[sport the war]

So a couple of weeks ago I was on HWY 100, traffic was somewhat tight, all of a sudden cars are going every witch way and there is this big black thing bouncing from lane to lane, happened in about a second and I and nowhere to go , hugged the right side of my lane the best I could but it took a bounce at the last second and caught my left tires, instant failure at 65 mph, car was all over the fuckin road as I tried to bring it down to speed. Turns out it was a sheet metal wheel fender from a small utility trailer, I had two flat tires, had to be towed home, real pain in the ass not to mention $320 for the tires and tow, very lucky nobody died or was hurt. So the guy whos trailer shed its parts pulled over, gave me his insurance, said he was sorry, offered to help anyway he could ect.. Well I called his insurance company, he had already opened a claim, they took my statement, I’m figuring a small amount this will be a fast ordeal. I never hear back from them so I call, they are saying they are not responsible because the trailer was somewhat new and it was an obvious defect. They claim they/ their insure is not responsible because “there is no way he could have know it would fall off” Seems like I load, I was under the impression that you are responsible for your property regardless, like when a dog bites a kid, you’re responsible even if you didn’t know it was going to happen.

They are telling me to take it up with Northern Tool or my insurance company, fuck that! I told them I’ll be filing in small claims court against their insure, they said go ahead they will defend him and then I asked wouldn’t that cost more than paying the $320 in damage and they said yes but they will anyways, fucking fuckers!

So my question is does anyone have a pretty good understanding about liability statutes in MN, are they correct? Seems pretty messed up if they are, same thing happened with my boat trailer fender and I just paid out of pocket for the persons bumper to be repainted, guess I’m a sucker!

Claim it on your insurance and they will get the other person's insurance to pay. geeze rookies.

[SFC]

So a couple of weeks ago I was on HWY 100, traffic was somewhat tight, all of a sudden cars are going every witch way and there is this big black thing bouncing from lane to lane, happened in about a second and I and nowhere to go , hugged the right side of my lane the best I could but it took a bounce at the last second and caught my left tires, instant failure at 65 mph, car was all over the fuckin road as I tried to bring it down to speed. Turns out it was a sheet metal wheel fender from a small utility trailer, I had two flat tires, had to be towed home, real pain in the ass not to mention $320 for the tires and tow, very lucky nobody died or was hurt. So the guy whos trailer shed its parts pulled over, gave me his insurance, said he was sorry, offered to help anyway he could ect.. Well I called his insurance company, he had already opened a claim, they took my statement, I’m figuring a small amount this will be a fast ordeal. I never hear back from them so I call, they are saying they are not responsible because the trailer was somewhat new and it was an obvious defect. They claim they/ their insure is not responsible because “there is no way he could have know it would fall off” Seems like I load, I was under the impression that you are responsible for your property regardless, like when a dog bites a kid, you’re responsible even if you didn’t know it was going to happen.

They are telling me to take it up with Northern Tool or my insurance company, fuck that! I told them I’ll be filing in small claims court against their insure, they said go ahead they will defend him and then I asked wouldn’t that cost more than paying the $320 in damage and they said yes but they will anyways, fucking fuckers!

The person you were talking to is paid to try to get you to not make a claim or file in court.

So my question is does anyone have a pretty good understanding about liability statutes in MN, are they correct? Seems pretty messed up if they are, same thing happened with my boat trailer fender and I just paid out of pocket for the persons bumper to be repainted, guess I’m a sucker!

IANAL obviously, but yes, that is the WHOLE POINT of insurance. If you buy a brand new car and the wheel falls the fuck off putting you into the hospital and totaling the car, the insurance company doesn't tell you "well, that was a brand new car, the wheel shouldn't have fallen off, we aren't covering it.

It was an ACCIDENT. There's a reason we have insurance, it's to cover ACCIDENTS.

[Southern]

Talk to your insc co. They should get the other co to pay.

[Drunko McMoppo]

Yup, call your agent, tell them about it.

[93SVT]

Claim it on your insurance and they will get the other person's insurance to pay. geeze rookies.

$250 comp deductable for $320 claim? plus loss of claim free discount? Try again rookie

The person you were talking to is paid to try to get you to not make a claim or file in court.

lol really?

IANAL obviously, but yes, that is the WHOLE POINT of insurance. If you buy a brand new car and the wheel falls the fuck off putting you into the hospital and totaling the car, the insurance company doesn't tell you "well, that was a brand new car, the wheel shouldn't have fallen off, we aren't covering it.

It was an ACCIDENT. There's a reason we have insurance, it's to cover ACCIDENTS.

Thats what I said, they say my beef is with Northern

Yup, call your agent, tell them about it.

I did, he said to open a claim with theirs, if they give me trouble to call him, so thats what I will do.

[SFC]

lol really?

Thats what I said, they say my beef is with Northern

If you knew the guy was getting paid to blow you off, why are you surprised he blew you off then?

[Nichols92]

Seems like they should pay you and then THEY should go after Norther Tool. Couldnt Northern just say its a new trailer how were we suppose to know. The insurance company is insuring the trailer regaurdless of what kind or how new. If insurance doesnt cover new trailers then why is it required to have? Isnt it kind of like saying "I have a newer car so how was I suppose to know I was going to rearend you?" "Sue Ford for having bad brakes."

What insurance company is it?

[ACRucrazy]

I had a similar issue when some debris from construction hit my car.

My insurance said to contact their insure and get them to pay. He said if the construction insurance doesnt pay I can file a claim with my insurance, they will pay it and go after the constructions insurance for reimbursement.

However I would then have a claim on my record. Not that it would make my rates increase, however in the futres if you shop for quotes pay outs like that DOES affect your rates.

Things like payouts for hitting a deer, no cost glass coverage, an instance like this, etc. While it wont increase your rates because you are a higher risk driver etc, when you shop around for ins (whenever that may be) they look at those types of pay outs in the past and that does have a factor in the rates given.

[CAMSS30]

“there is no way he could have know it would fall off”

Did they actually say this to you? I would have said yeah who knew but afterall thats what insurance is for, accidents!

[DNeinstadt]

Judge Judy?

I'd say make your insurance co. work for it, that's what you pay them for?

Dan

[Turbo302]

That sucks to hear Bill. Who is their insurance company? Did you talk to his agent or a call center?

I would call the owner and explain to him that his insurance company is screwing you around. If he is a stand up guy, I would think he would either call them to accept liability or pay out of pocket.

Explain to him that you may have to file a claim in court for the damages and he would be required to appear. That in itself may scare him enough to just pay you.

F-ing insurance companies...

[93SVT]

If you knew the guy was getting paid to blow you off, why are you surprised he blew you off then?

When did I say I was surprised? But to be honest I am sorta surprised, I’ve had many a claim in my life and for much more than this and never had to work this hard, ever, my insurance guy is floored that they wouldn’t just pay the damn $320 and say thank god nobody died.

Seems like they should pay you and then THEY should go after Norther Tool. Couldnt Northern just say its a new trailer how were we suppose to know. The insurance company is insuring the trailer regaurdless of what kind or how new. If insurance doesnt cover new trailers then why is it required to have? Isnt it kind of like saying "I have a newer car so how was I suppose to know I was going to rearend you?" "Sue Ford for having bad brakes."

What insurance company is it?

That’s kinda what I figured, I don't know how I could even approach northern having not bought this product, its USAA so he must be a vet or something.

[93SVT]

That sucks to hear Bill. Who is their insurance company? Did you talk to his agent or a call center?

I would call the owner and explain to him that his insurance company is screwing you around. If he is a stand up guy, I would think he would either call them to accept liability or pay out of pocket.

Explain to him that you may have to file a claim in court for the damages and he would be required to appear. That in itself may scare him enough to just pay you.

F-ing insurance companies...

I've talked to someone three times, first two times just a claims agent then I asked for a manager, I got her to listen and she is going to send the file back to legal to look into it further, whatever that means, they seem to think as long as you act in good faith that you are not responsible for damage your property does, what planet do they live on? lol

I have called the guy and only get his dumb wife, she says "we know our rights, our insurance company said we are not responsible because it was new, good luck getting anything from us" I wanted to reach thru the phone and choke a bitch out

[sport the war]

go get it fixed under that claim number and let someone duke it out then if they gave you the number.