got a call late yesterday afternoon.
caller left a name and a request to call back at a certain number– no more info.
I returned the call—and a very polite man told me that he was driving an a certain road yesterday and a piece of shingle flew off my trailer and did some minor damage to the front of his car——-and– then he asked ” can we work something out?”
I told him that I would call my insurance company in the morning and see what THEY say.
so–what do you all think
I see 3 things
1)—- his story is plausible—it certainley could of happened– I often drive on that road
2)my trailer is ALWAYS tarped and tied down on the road–even empty— i am doing the best I can
3)- I am curious as to how this plays out—– besides the obvious potential out of pocket expense here——- I personally have 2 vehicles with ever so slightly chipped windshields—– one from a pebble coming from a dump truck in front of me—and one from a pebble which came from a trailer hauling a back hoe in front of me.
I am potentially sypathetic to the guy who called— but my personal experience is that this is the risk you run driving on a road—-and stay well back of dump trucks!
so folks– what would YOU do-or have done—-and what do you think the insurance company is going to say?
Stephen
Replies
I told you not to buy that trailer. Now you're screwed.
Seriously, how'd the guy get your phone number? You got a sign on the back of the trailer?
Not sure how I'd handle this, but I think those "stay back 100 feet" signs on the back of dump trucks are for protection from this sort of thing. It always amazes me how close people drive to back of my trailer when I'm loaded with trash.
I'd use the defense that if he got hit by something coming off the trailer, he was likely too close, but offer him some money to go away.
I think I'll get a "stay back" sign for my rig.
http://www.quittintime.com/ View Image
Maybe some of these? If Yosemite Sam isn't your thing, I think they have some 'Pistol Pete Draganic' ones, too.
View Image
no sign on trailer there are signs on the side of the truck--- but if he was behind me-- how did he read those signs?stephen
Stephen
we get calls occansionally. If you can pin down your location on that day & time I might give him a $50 or a hunny.
One of the last calls we got was a guy that sez our truck lost a piece of metal. Damaged the fairing on his newer car. Right day/time & place for a truck.
But....our truck was empty at the time.
Case closed.
I've dealt with this a few times over the past few years with our trucks being on the road. My understanding is:
If it falls off your vehicle and hits someone else's vehicle, it's YOUR problem.
If your wheel throws something up (like a rock) and it hits someone else's vehicle, it's THEIR problem.
Watching courtroom TV from time to time over the years, I've learned that it's all about bringing the evidence and/or a witness to court, particularly in small claims.
Trying to be fair and legally correct, I'd ask the guy to show me the piece of shingle so that I could determine whether it could've come from the job I'd been doing at that time.
If the guy replied that he hadn't felt it was safe to stop and pick it up, I'd ask him if anyone had been riding with him. If he can't produce either the offending item or a witness, I'd respectfully decline to pay him.
Edit: Even though I don't carry collision insurance on my old truck I'm willing to pay for comprehensive, with glass coverage because it's not very expensive. It's reasonable to expect other drivers to have comprehensive, to cover things of this nature.
Edited 5/16/2009 7:32 am by Hudson Valley Carpenter
I wouldn't be inclined to fork over any dough. The other driver has insurance and he can use that if there is serious damage. If it's minor, he can live with it.
There are too many scammers out there. There is a high liklihood that this is one of them.
well first you say "you often" but without putting it in writing on the internet,you know if you was there at that day and time,if you was ,well his story is sounding better.
did he give you any indication what he is looking for? this happens to my van i'd take 50 and run,happens to a mercedes and it could turn into a 1200.00 deal. so i think i would talk to him see what he's looking for and ask to see the car. with a shingle it could be something as simple as a black streak of tar that would wipe right off,maybe it chipped it?? also gives you the oppurtunity to see if it was possible that you may of cause it.
i would try like heck not to turn something that is as small as this over to the insurance co. it sounds like to me "work something out" means he is willing to take some cash and go away.
i don't know the correct way to handle this,i have a dump trailer and fear this happening also. i do think your responsible,let me use this example. your hauling a refrigarator and it falls out and cause's a accident,you own that problem no question about it,now you just lost something smaller.
the dump truck losing rocks,they all say there not responsible,but i bet if you had witnesses in the car,could document that you and the truck were on the same road,same time,a court would rule in your favor eveytime.
so heres a different appraoch,"sorry i did this can i come over and recaulk your flashings and clean your gutters for you?"
my profession used to be bodywork and painting. one day i have my head up where the sun don't shine and bumped a lady at a light.i ask her to let me fix it,plus i would fix a small dent on the front. they didn't know me from adam. but they said ok,but if there not happy they would file with my ins. co.,fair enough.
so i fixed it,she was happy and i got a new customer that i have done work for probably 11-12 times! she always brings a apple pie when it's time to pick her car up!plus she has sent me 2 others over the years. so a screw up can turn out to be a plus!
YOU ONLY NEED TWO TOOLS IN LIFE - WD-40 AND DUCT TAPE. IF IT DOESN'T
MOVE AND SHOULD, USE THE WD-40. IF IT SHOULDN'T MOVE AND DOES, USE THE
DUCT TAPE.
always..... good story... good golden rule endingMike Hussein Smith Rhode Island : Design / Build / Repair / Restore
Do you have a regular insurance agent you deal with? Tell him what happened, give the driver the agents number, and let them talk. Tell the agent you want him to make the guy prove his case, and if it was you, you will settle for cash rather than file a claim."Put your creed in your deed." Emerson
"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt
"A risk you run" won't fly ... you are responsible for securing your load.
That said, your fears of being the target of a scam is not a foolish concern. That's why you need to make sure you have the bases covered .... and that's one of the things you pay your insurance company to do.
Probably the first thing is to have the claim documented; if this is a fake claim, it may stop right there. If the person thinks they have discovered a new way to make money, the paper trail will help bring that career to a quick end.
Likewise, your state probably requires 'accidents' resulting in a certain amount of damage to have a police report filed. This is also a way of preventing spurious claims.
In practical terms, the insurance company will likely take down his information, check to see if he is in any of their data bases, then pay a shop to fix the damage. Keep in mind that insurance companies are ever wary of fraud, and will take steps to prevent that from happening.
if he's so worried about the damage to his vehicle, why didn't he call the police and make a police report? That is the legal process. I'm thinking he's going to try to milk you for $$$$ and may even be part of group that once they find a cow they'll keep milking you 1 at a time. To be honest, call the police yourlsef and ask them what you shoud do. They may already have a history on the caller. You still have the option of paying out cash if that's what you prefer, but this is why we have insurance (us and the other driver).
It's a scam. Let your insurance company handle it... they are pretty well trained to avoid fraud.
A La Carte Government funding... the real democracy.
Let your insurance company handle it. Just give them the facts and let them evaluate the claim. This is why you pay them.
"Let your insurance company handle it. Just give them the facts and let them evaluate the claim. This is why you pay them."Yup. And then look forward to increased rates. Insurance is mostly a scam. One way or another, you end up paying for it anyway.
Edited 5/16/2009 2:00 pm by kenhill3
its common, very common here to claim a rock from a dump truck hit your windsheild. people been paying too, but not no more. If it hits your car, call your insurance common. Only reason he called you was because of your decal. it doent matter if it came off your truck or not, he just wants money. TELL HIM TO POUND SAND
Then you might as well get something in return.
The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness. -John Kenneth Galbraith
this is real common scam around here gyspies (sp) ? do it all the time... everytime they spot someone cut'n the grass on a big mower they stop and point out a ding in the side of their car... say'n you must have hit a rock and it hit my car... always try'n to get a few hundred dollars... same thing with any equipment on a trailer... "a rock flew off your trailer and got my car"
this is a full time job... something they do everyday ....
not say'n it's what happened in your case but it's very common around here
p
Gypsies? Are you building that condo renovation in Romania? That doesn't seem like a good business idea.
LOL man we have a large population of "travelers" fortune tellers... many are in the asphalt sealing and patching biz...
I'm sorta friends with one family and as the story goes... jesus gave them the ok to steal.... since there was a 5th nail for his heart when they hung him on the cross... but it was stolen by a gypsie before they could use it... thus they were granted the right by god to steal...
very interesting clan.... instead of not knowing someone when the law/IRS comes looking they all claim to be that person... much more confusing than "never heard of him" for the most part they just leave em alone cause they all but can't be Identified
p
do they drive chrome plated small dump trucks, and live in camper trailers. If so they are the same ones here. they winter here in Mobile.
yes very nice small dump trucks usually with a drag box and a 1ton roller.... they can put asphalt down 1/2" thick and make it look good... for about a week...
p
Travelers came thru here last summer knocking on doors and charmed my wife. She came and got me to write a check so they could seal our driveway. They had a really nice looking rig and were gonna give us a great price 'cause they'd just finished a house "down the street". I told them great, give me the address and let me run down there and look at your work while you're washing the driveway. They were unable to give me an address and tried to make something up. I pulled out my GPS to punch in the street name they made up and they decided to take off. They had South Carolina plates.http://www.quittintime.com/ View Image
There is a large group of "Irish Travelers" living in North Augusta SC.
Saw this today:
http://www.guardian.co.uk/artanddesign/2009/may/17/henry-moore-sculpture-theft-reclining-figure
all you guys must have better luck than me with insurance.and once you tell agent,bang strike one.
roofing company,pulling a commercial dump trailer. you make a liabilty claim from debris off of trailer.
.one of 2 things,they cancel you or raise your premiums to cover their cost plus a little extra to make sure it's coverd next time.
and what happens if next week you back your trailer into a guy at mcdonalds,can you say high risk?????????
i have paid 1500.00 out of pocket to keep from making a claim. worth every penny as i had a 16 yr old driver in the house.
YOU ONLY NEED TWO TOOLS IN LIFE - WD-40 AND DUCT TAPE. IF IT DOESN'T
MOVE AND SHOULD, USE THE WD-40. IF IT SHOULDN'T MOVE AND DOES, USE THE
DUCT TAPE.
More of a Q of what the state law is there. Here, if it came off my rig and caused him damage, and he can prove it, I am liable for making him whole, even tho I did my best to prevent it.
Welcome to the
Taunton University of Knowledge FHB Campus at Breaktime.
where ...
Excellence is its own reward!
Piffen,
I am inclined to simply let the insurance company handle it. I figure the situation is about as you describe it. question are--- did I really do it?---- can he prove it?--- is it a scam?
his story is plausible---and so are most scams i imagine. common sense tells me--- paying the guy some cash to go away--would be worth it if it works------- but what is to stop the guy from taking cash---and still pursuing a court case/ insurance claim?--- which is why I am inclined to let the insurance company handle it
stephen
have him sign a release when you hand him a hun. done deal
could be a scam,might not be,take a physical look at it and you will know.
i bet there is not a person on here that hasn't gotten a rock chip etc from someone dropping material.YOU ONLY NEED TWO TOOLS IN LIFE - WD-40 AND DUCT TAPE. IF IT DOESN'TMOVE AND SHOULD, USE THE WD-40. IF IT SHOULDN'T MOVE AND DOES, USE THEDUCT TAPE.
"i bet there is not a person on here that hasn't gotten a rock chip etc from someone dropping material."
True and I've never asked anyone for a settlement. I did call my insurance company and had my windshield fixed under my comprehensive plan that included a windshield replacement policy.
I would not give him a penny, tell him to pound sand, unless he has a police report, he cant touch you
I didn't read all the responses and I'm sure someone said this... but... you actually know NOTHING about what the other fella said happened, aside from the fact that you might have driven down that road. Let him make an insurance claim, let his insurer deal with yours if they want to. If yours decides there is a claim to pay, then pay they will. You are best off saying nothing, and you certainly don't offer the other guy a payment out of pocket. I was in an accident where the other guy blew a stop sign and creamed me. I never got his name or number, it was all handled by insurance.
David-- the guy left his name and number on my answering machine with a request that I return his call usually that sort of a message is a telemarketer--- but since it was a local number I returned it on the slight chance it was business. He was very polite and friendly----and told me in about 3 sentences what HE says happened.
My response was friendly-and about 1 sentence" I will call my insurance company tommorrow morning and we will say what they have to say." that's all i know---- but the longer i think----maybe his story was to smooth and polished-- he didn't seem remotely upset or flustered or even bothered really. so-- i will leave it to the insurance company---and if brownbagg is correct--without a police report he has nothing--- then the insurance company can tell him to pound sand, not me. Stephen
I don't think that it takes a police report.First if is "minor" the insurance company might just pay to not bother.But if it went to court then it is more of his word against yours. And he has to have proof. Now if he had someone else in the car at the time and/or he had the object then his does have a stronger case.If he just clains that he was following you and the next thing that he knows was that something hit his car then it does not have a case.A police report, in a case like this, mostly like would just be a statement of what he said and would not really count for much.BTW, whether you are at fault or not he does not not sound like a scammer, at least not a good one.A "good" scammer can say that he say it fall off your green truck while you have a red one and you and the truck had been in California the whole week before and after the date he claims. And still have doubting yourself that you where at fault..
William the Geezer, the sequel to Billy the Kid - Shoe
I asked my concrete sub why he did not have signs on his three trucks.
His reply was the exact situation you have. He even had callers making a claim that it happened in an area that he had not traveled. Be nice and refuse to honer his claim. Why didn't he stop you when it happened?
I am not buying it...
Normal people don't bother. That kind of thing happens. If he goes to court he will be forced to provide evidence... a photo, location, witness.
My hunch is that this guy is making a viable living from this. Contractors are an honest bunch... and some people take advantage of honest folks.
The way he went right for the jugular asking for money...
Normal people would say hey... a shingle off your trailer scratched my car... you need to be more careful.
I bet he just drives around...finding builders with signs on their trucks...makes the call and collects his check. Someone skilled at this could likely make 500-1000 a day.
If he can prove it...cut a check. If he can't, let him know he is welcome to take you to court.
L
GardenStructure.com~Build for the Art of it! Decks Blog