Everyone should have to have a drivers lisence for the catagory of vehicle they drive on the roads! Mom and Pop should not be able to park the '57 studebaker and jump into the 500,000 dollar Greyhound touring bus and go tooling down the road, without proper training for that weight and size vehicle!
Nor should the "Good Ol' Boy" in the F350 with the 40 foot gooseneck carrying a steel building for a construction company, that rear ended me on Friday as I was turning into the Great Sourthren plains rendezvous boy scout jambouree! I am pretty sure I lost the truck and trailer in this deal, and the two bit construction company the guy works for has a peny ante insurance company that is avoiding me...
(http://i609.photobucket.com/albums/tt180/JamminJim_photo/Auto%20Accident%204-4-2014/100_1913_zpsbb4ca24d.jpg)
(http://i609.photobucket.com/albums/tt180/JamminJim_photo/Auto%20Accident%204-4-2014/100_1907_zpsd2a8ecdf.jpg)
Wonderful. Sorry for your luck, Jim. I would say something more useful, but lately I'm sick of this country and the 99.99% of its citizens who have forgotten that the rights they insist on and take for granted did, once upon a time, carry with them certain responsibilities. Knowing how to actually drive the vehicle and attached load they're taking out on the road would be one of them.
It may be to late now but next time get his DOT #
Sad news indeed. Probably talking on the phone.
Damn sorry Jim Hope your ok. The truck and trailer can be replaced but YOU cant. Take it from a certified CDL holder with about 800,000 miles in tractor trailers, half the people on our highways have NO business being behind the wheel of a go cart let alone anything requiring any skill to operate.
Lucky the Propane tanks didn't get ruptured that would have really gotten deadly.
Hope things work out.
A little news story might inspire the insurance company to make things right.
(They hate bad PR)
Quote from: Hawken50 on April 08, 2014, 12:19:53 AM
Damn sorry Jim Hope your ok. The truck and trailer can be replaced but YOU cant. Take it from a certified CDL holder with about 800,000 miles in tractor trailers, half the people on our highways have NO business being behind the wheel of a go cart let alone anything requiring any skill to operate.
I'll echo that! As a flagger I see some REALLY scary stuff going on behind the wheel!
Push as hard as you need to. Camp on their doorstep if you have to...
Update -
It is not a construction company - he lied - it is a farm and he is not on the policy in fact he is listed on it as a restircted driver -
The owner and driver are both ignoring my calls - Farm Bureau says they have no liability. No vehicle - no school. I hope my attorney can help. My Insurance can't other than for my and Bulldog Ladies medical.
So what has the Sheriff had to say about all this?
In Indiana and Ohio you get to go to Jail for no Insurance and an accident.
And false reporting gets you locked up too.
Quote from: Watauga on April 08, 2014, 12:59:24 PM
So what has the Sheriff had to say about all this?
In Indiana and Ohio you get to go to Jail for no Insurance and an accident.
And false reporting gets you locked up too.
I'm with Watauga on this. Any state I've lived in (California, Arizona, Indiana) or whose laws I'm familiar with, requires proof of valid insurance just to drive and mandates everything from large fines to jail time if an uninsured driver is involved in an accident.
Everything Jim has said indicates the driver who rear-ended him was specifically NOT supposed to be behind that particular wheel. Being as how an attorney has been retained in this case I would either personally or through the attorney be in touch with any relevant law enforcement, be it County or State. Maybe Farm Bureau doesn't want to be involved right now, but a police report and possible criminal charges (particularly when it seems to be THEIR policy that lists this guy as "restricted" from operating the truck that hit Jim) will probably get their full and complete attention. And, in turn, the folks now ignoring Jim's calls will find it very hard to ignore the possibility of an arrest warrant and/or cancelled insurance policy.
So far the trooper who took the accident report has not contacted me after I called his office to advise them of my findings... So I don't know... It is against the law to drive without insurance in Oklahoma also.
It is all in the hands of the lawyer now. My insurance is only covering me for medical. I am thinking he will go after them in court and the highway patrol will go after him criminally.
Hope you can get it straightened out. And that he & his employer get nailed for an uninsured driver. When my wife got rear-ended twice in the same accident by the same driver, my insurance company paid all vehicle repair & medical bills & then went after the driver & his insurance company to collect their money.
Good news! The good ol' boy called me back and has Progressive insurance! Claim being filed as we speak
I'm with Hawk on this, just glad everyone's ok, you are irreplaceable, besides who would we pick on?
Woo-Hoo! dntn
dntn Good news indeed.
I do not understand your insurer's stance.In the two accidents I have been involved in my insurer took care of things then went after the other guy.I guess all states are different.Since you have allready involved an attorney I would be inclined to let him deal with the insurance co.Insurance adjusters earn their stripes by lowballing claims whenever they can,particularily if they are contract adjusters.Accidents are really upsetting but at least you are ok,as someone said iron can be fixed,people not so easy.
:applause: Glad to hear there is insurance and you are both ok
Glad to see that you and yours were not hurt too bad. Wish the same could be said for the truck & trailer.
You & yours weren't to badly hurt & the insurance claim's been filed, good news.
The rest of the Story:
Back to bad news - Proggressive has denied the claim, seems he was renting the vehicle from te farmer and now they claim no liability...
I only had liabilty insurance on the truck (it's a 2003 chevy silverado 1500) so my Allstate says they will only cover me to the limits of my uninsured moterist medical coverage.
Oklahoma will prosicute the driver for driving without insurance but because no one died I cannot recover damages unless I sue him in civil court. We are investigating to see if he has nything worth going after.
First you had stated that he was on the policy as a restricted driver, now it was said that he was renting the vehicle. Something is VERY FISHY here. I would let them know that I was going to hound them until they paid up. Cant they or he be sued and have a judgment standing against any and all future income etc?
I would think that if I loaned my truck to someone I would assume liability in the event that individual had no insurance. I would think, further, that if I profited by the loan, in the form of a rental fee, that if anything would make me MORE liable -- I couldn't very well argue I'd just been doing ol' Bubba a favor. But, the problem is, I think and use logic and also take responsibility, all very rare qualities in our country today, particularly when money becomes a factor.
Best of luck, Jim, but if it comes to going nose-to-nose with either insurance company I would guess you're screwed. If nothing else they can out-last the average guy with endless arguments, denials, and appeals, and in the end simply absorb the cost into the pool of their other customers.
I am sure that the law is different in different states, but I know that in Louisiana the vehicle owner is liable no matter who is driving. My mother in law had her car stolen from her driveway, and the perpetrators eventually ran it up into someone else's yard and through their fence. Her insurance had to cover the fence repair BECAUSE IT WAS HER CAR ! It didn't matter that she had not given anyone else permission to drive, or that it was being used illegally. I would definitely ask your insurance company about the law where you live, & seriously consider a small claims case. Good luck.
Red Badger In Indiana you have the right to have the Uninsured vehicle Impounded until your claims are settled.
If that law is the same for you have the Sheriff seize the truck, trailer and contents until they make things right.
Out here in "No Fault Insurance" land, ( Ha, right, not a chance in real life) the vehicle is insured, not the driver, so the owner of the vehicle is on the hook for whatever damage is done by said vehicle, regardless of the "Pilot in Command". The owner should be responsible for any damage his vehicle causes. Of course we are required to carry "uninsured motorist" coverage for those times when we are hit by uninsured, unlicensed, ILLEGAL aliens which happens on a daily basis.
I am unsure of the law as it relates to oklahoma and my lawyer is working the personal injury side of things... I am talking to other laweryers to see what can be done...
As of today we still don't have our truck, trailer or camp gear back at the house... Hopefully it is still where we left it and can get some of it back here this weekend.
Well after a week we have the trailer in our driveway and it looks like it can be repaired, some of the gear has been destroyed but that can all be replaced. I should be able to get the pickup this weekend and will have to locate a bumper for it to make it legal to drive. Still trying to find out about the law and the other driver. Started back to school on Monday and am suffering being a week behind - am trying to get caught up
So how did this one come out for you? I was reminded when a guy crossed over the center line and scraped both driver's side doors on my brand new pickup ! Just another case of a distracted driver not maintaining control.
Glad to hear you are fine. It's a shame they haven't taken care of this. I feel every driver should have to take a driving test every few years. Most people don't drive correctly these days!! Keep on them! Maybe a news spot could do the trick.
Just glad you're OK, that's the most important!!
wish you luck on the outcome of this ! I do a lot of walking , walk just about every where , and I have to agree with the assessment that most drivers should not be trusted to get about on roller skates let alone motor vehicles ! few weeks back I came closer than I care to think about , to being run down by a woman in a large suv , walked out of her house ,hopped in ,slammed the sucker in gear and came hurtling back at me . did`nt know I was there till she looked out her driver side window and saw me standing maybe a foot and a half away ! at least she apologized !
Update and closure -
Progressive paid the limit of that policy - state minimum - 20 K, hospital; chewed that up, my Allstate uninsured motorist kicked in and paid out 100K for my medical and other bills, My stepson took the truck and trailer to his shop and six weeks later we had a repaired 2003 Chevy Silverado which I am still driving and a repaired trailer which is still being used. I am out a 12 x 12 pyramid and several antiques from my camp gear but that stuff is all replaceable. The driver lost his license for 6 months and last I heard Progressive was suing him to get their money back.
Good to hear of a favorable outcome, although I know you wish you hadn't been involved in the first place.
not great news , but still good ! better than a total loss !
Two accidents in the last 13yrs for my family. Both times min. coverage by all but me and mine.... Praise the personal coverage from work. We bitch about our portion to pay, but both times they paid about 250,000 before all was said and done.
Glad to hear you are recovering most of your loss. Go get that asx who hit you...
Doug