Who is liable

[courtjester]

First of all, absent some really bizarre circumstances, the guy who parked the trailer is liable. The owner would also most likely be liable as well. Its not enough for him to say "gee..someone else must have pulled the chalks" etc. Once you establish that his rig hit yours, the burden is his to prove some intervening or superceding cause that would absolve him. Not likely, so you should have no issue winning the claim.

Second, since you took pictures, you did yourself no harm by moving things out of the way. Happens all the time in all sorts of accident claims with no ill effect.

Third, I'd at least double check what the language is in your rental agreement for the space. As someone posted, there is probably a waiver included, but if not, you can at least take a shot at the rental place on the theory that they have the obligation to check trailers in their lot, if they rent "secure" space.

As for insurance, I'm a little unclear what you have or don't have. But in general, if you have collision coverage, your rig should be covered subject to the deductible. If he has no insurance, then you'll be way better off collecting on your policy and eating the deductible. If you want to go through the excercise, you can take him to small claims for the deductible.

I would not accept his word on whether he has insurance on the trailer. Get him to tell you who his carrier is and call them directly. Some policies include trailers and others dont unless you specifically name them.

You can also check with your ins carrier and see if they plan to go after him for the damages. If they are, then in many states they have an obligation to go after your deductible as well, and you get first dollars recovered.

If no one has any coverage of any kind, I'd probably go the small claims route rather then hire an attorney. Most legal systems in this country do not work well for relatively small monetary damage cases. Obviously if your damage is 10k or more, that would be different and it may be worth talking to a lawyer

If you do take that route, I'd try and get a lawyer to do it on a contingent fee. Its not likely you'll find someone, but its worth a few calls. Paying someone hourly to collect this kind of uninsured bill is asking for trouble.

have fun

toni

[bginpa]

If the owner doesn't make it right, I'd turn it into my insurance company and let them handle it. That's what you are paying the insurance company for. You have better things to do than fight this batttle.

[puttin]

I'm assuming that the o.p.'s rig is a t.t. Wouldn't it make sense to take out a policy for it seperately? At least that way- if they don't cover it- they'll pursue the other guy. Probably won't help now but food for thought. Also, there's alot of valuables in a trrailer- wouldn't you want it protected? I'd read your truck policy to make sure it covers the trailer-at least while you're towing...but what about when you're not? Also what happened to the guy with the boat?

[mel s]

Originally Posted by tekrsq

Ooopps. Missed that. Then I would talk to the trailer owner, get his info & insurance info, and make a claim with his insurance company.

PLEASE TRY TO READ MORE CAREFULLY
The OP did NOT say he didn't have insurance on his damaged rig.
He was using his uninsured trailer, (unrelated to this accident), as an example that trailers usually do not have insurance, (but are often covered by the insurance of the towing vehicle)!

When I had damage done by a Semi that hit my tow car in a rest area, the driver hit and ran, (and when apprehended denied responsibility).
My insurance paid for all the repairs except for my $500 deductible.
6 months later they sent me a $500 check......(aperently they went after the truck driver and proved hs guilt).

[mel s]

Originally Posted by Mr_D

OP states he doesn't have insurance on his rig.

Mr_D
He did NOT say that....... re-read the OP!
He said that he has no insurance on HIS enclosed trailer, (a trailer that is not related to this accident), because A trailer caused the damage to his rig.

[puttin]

Originally Posted by YZF571

Went out to the storage facility yesterday afternoon to return the sheets/towels and such from my last trip a couple of weeks ago. As I pulled up I was slightly sickened by the sight of a big ole tandem axle 16’ (modified to make it bigger, side storage boxes etc.) utility trailer smashed into the back of my unit. It looked like the owner didn’t chalk it; the jack stand was equipped with a wheel, than during a windstorm it rolled backwards until it impacted my passenger side rear end. Once it impacted there (corner to corner) it spun violently up front and the tongue slammed into the boat it was parked next to on its own row.
I called the emergency number after I took a ton of photo’s, got no human, so finally I hooked my SUV to it, squared it up in its own parking area and found some wooden blocks not being used and chalked it.
Once I did make contact with the owner he told me, “come on in and we’ll talk about it”. I am insured, I am guessing the lot is, I know I do not have insurance on my enclosed trailer as I always figure it is insured by whatever I’m pulling it with?
In a case such as this, who would be liable?

Mel- In fact- before I posted my response, I re-read the o.p's statement. In doing so, he states he has no insurance on his trailer. Isn't he claiming damage to the rear of his "unit" (meaning the trailer)?

[mel s]

Originally Posted by YZF571

Went out to the storage facility yesterday afternoon to return the sheets/towels and such from my last trip a couple of weeks ago. As I pulled up I was slightly sickened by the sight of a big ole tandem axle 16’ (modified to make it bigger, side storage boxes etc.) utility trailer smashed into the back of my unit. It looked like the owner didn’t chalk it; the jack stand was equipped with a wheel, than during a windstorm it rolled backwards until it impacted my passenger side rear end. Once it impacted there (corner to corner) it spun violently up front and the tongue slammed into the boat it was parked next to on its own row.
I called the emergency number after I took a ton of photo’s, got no human, so finally I hooked my SUV to it, squared it up in its own parking area and found some wooden blocks not being used and chalked it.
Once I did make contact with the owner he told me, “come on in and we’ll talk about it”. I am insured, I am guessing the lot is, I know I do not have insurance on my enclosed trailer as I always figure it is insured by whatever I’m pulling it with?
In a case such as this, who would be liable?

If you CAREFULLY read the OP you will realize the following:
1.) A TRAILER damaged the RIG belonging to the OP, (while his unit, and the trailer belonging to someone else, were stored in a storage facility).
2.) The trailer was not connected to a towing vehicle when the damage occurred and apparently no one was around to cause, (or witness), the accident.
3.) The OP "assumes" that the wind caused the trailer to roll into into the rear end of the his unit, (but he has no way of knowing for sure).
4.) The OP does have his damaged unit insured.

His question is: In a case such as this, who is liable, the owner of the trailer, the storage facility, or is he and/or his insurance company stuck with the cost of repairs?

[wa8yxm]

Alas your question is a request for legal advice, i have lots of info, but alas no advice. The giving of advice is reserved for lawyers.

The info:

Laws vary from state to state, For example Michigan has a "your Fault" insurance law (They call it no fault but the effect is "The accident is your fault, thus you have to fix your own vehicle, it is your fault because you choose to own a vehicle so it's your fault" never mind how much sense that does NOT make, it's the law

BUT. there are a few exceptions.

I assume your trailer was legally parked in the storage lot.

That's one of the exceptions.

And "Fixed object" (Example house) is another exception.

However, none of this applies, necessarly, less you are in MI, you need to review

The laws in your state

The Contract with the storage lot

And you may well need to call a lawyer.

One thing you insurance company can do for you even if they won't pay for it is recommend a lawyer specialising in this kind of thing.

[mel s]

Originally Posted by puttin

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Mel- In fact- before I posted my response, I re-read the o.p's statement. In doing so, he states he has no insurance on his trailer. Isn't he claiming damage to the rear of his "unit" (meaning the trailer)?

puttin
You may be correct that his "unit" was his un-insured trailer, (we may NEVER know).

When I read, (and re-read), the OP I assumed that the damaged "unit" in question was an insured RV, damaged by a wind blown trailer!
I thought the un-necasssary comment about his un-insured trailer was included to illustrate that the trailer that did the damage may not be insured.

IMO the original question is NOT adequately explained..... therefore each reader can/may understand the question differently, (and have a different opinion).
Calling whatever was ACTUALLY damaged his "unit", (without defining unit"), seems to have confused most of those trying to help.
His question about liability, (as written/posted), is IMPOSABLE to to answer without making assumptions, (therefore any answer may, or may not, fit the question).

[moderator edit]
Mel

[Gary - K7GLD]

I continue to be amazed at threads like this, where the OP asks us MEMBERS for advice and info that's just a few steps away on his telephone to his own agent, who can provide ACCURATE info, rather than pages of sheer guesswork...

[kalynzoo]

I would have moved it, especially if the now unbalance trailer represented a danger to others. I have no idea about the liability, hopeful all parties concerned will "do the right thing", whatever that may be.
I only comment to give credit to a person willing to take action to protect the scene.
Good luck, and Happy Trails.

[Gary RVRoamer]

You are always supposed to, and allowed to, take steps to prevent further damage to property or life, so moving/securing it is OK. Pictures beforehand is smart!

It's clear to me that the OP says his RV is insured, so the right action is to make a claim with his own insurer and provide the names of the storage facility and the owner of the trailer that caused the damage. They will figure out who pays.

[puttin]

Mel,

I think you're right- everyone has a different opinion based on the original post. In retrospect- I probably shouldn't have thrown my opinion in there also except to suggest to the op that if there is an insurable trailer that is not- he should insure it now, to prevent future headaches....and seriously- what happened to the guy with the boat? If the op knew and could use this info-it might help his case.

[melvonnar]

Save yourself a lot of greaf; turn over your pictures and all your information over to your insurance company. I got broadsided once; $18.000.00 worth; my insurance company told me it was cheaper for them to pay the repair than to go to court and fight.
Talk to your insurance folks before you drive your self crazy trying to get the guy that hit you do the right thing.
If you don;t have insurance; bite the bullet, life is short.