18 Wheeler Crushed My Toad, Ruined My Day and Summer

[Charles L]

95 north exit 121 North Carolina Sunday afternoon. Traffic came to a quick slowdown from 55-60 MPH down to about 10 MPH. I was following another RV towing a trailer at a safe distance in rainy weather. I was able to slow down maintaining distance from the other rv. I was worried at first but realized I was going to make it and I felt a sense of relief. Then all of a sudden wham and a big push forward into the rv and trailer in front of me. We are ok besides the whiplash my wife received. My tow dolly and Camry absorbed most of the impact. Both are destroyed. The front bumper, grill, and left fender are damaged. The tow hitch will need to be replaced and the rear plastic bumper replaced or repaired. No frame damage that I can see. After impact I veered right to avoid the trailer and caught the middle vice full frontal impact. I don't know whether to sue the driver and company at fault. My insurance will go after them to recover funds. The driver was ticketed and the trooper said it was because he was responsible for causing the wreck but did not specifically say the charge. I will pay my deductible to expedite the repairs and get it back when the trucking company insurance settles the claim. I am bummed out about this whole thing. My daily driver is destroyed. It was old but ran and looked good. I took care of it. So I will have to get another car eventually and another dolly. Maybe I will try 4 down this time. The RV will probably be in the shop for a month or more. I think I will try a ford place vice an rv place. The damage in the front is all ford stuff. The rear bumper I am not sure who will fix that. The hitch should be able to be replaced but I am not sure who can do that. So I am waiting for the geico rv adjuster to look at my RV. I was able to drive it home the 100+ miles after the wreck. Funny how people move over when they see the wrecked front end of an rv coming.

[99dart]

Well, dang it! That's too bad. It's such a hassle getting your vehicles repaired and/or replaced. I would think any body shop with room to park your rig should be able to repair the motorhome. It's not major coach damage that you need repaired. Going through a body shop should get you back on the road quicker than an rv shop for sure. Good luck with your repairs.

[plasma800]

WHOOPSIES!


Personally, I would positively (and quietly... you don't have to tell anyone here, or publicly state you've done this )



but a consult with a big rig accident attorney or 2 or 3 would never hurt anything. But again, I'd be quiet about it.


Opposing attorneys can, and will, dig up anything you say anywhere, or post, or write, and attempt to use it against you.


My main goal would be to be prepared if there are actual physical injuries that crop up later. You need advice at this point, and from more than one perspective, privately.

[MSHappyCampers]

That'll ruin your day for sure! Just glad that no one was seriously hurt.

[BirchyBoy]

Originally Posted by MSHappyCampers

That'll ruin your day for sure! Just glad that no one was seriously hurt.

+1

It could have been much worse. I hope your wife is ok.

[fla tom]

Wow wet rainy situation and you were worried about stopping in time. The last one in a pile up is the one ticketed regardless. Your loss will be covered why even bring up a law suit? Life happens loss happens why do people try to make money on mishaps? If you are made whole that is what is important.

[TJFogelberg]

Wow, it's a reminder to all of us to pay attention and drive under the posted limits in our big rigs.
Be sure to seek legal advice and keep notes etc. Good luck with everything.

[Charles L]

Originally Posted by fla tom

Wow wet rainy situation and you were worried about stopping in time. The last one in a pile up is the one ticketed regardless. Your loss will be covered why even bring up a law suit? Life happens loss happens why do people try to make money on mishaps? If you are made whole that is what is important.

Trying to prevent losing money. You see my 2002 camry was paid for and in excellent condition mechanically and cosmetically. Now I need to lose money to get a reliable car. Maybe car payments which I do not have now. I had that car for 16 years. I understand the damage will be fixed but I will still lose money.
Closer inspection today it appears that the rear frame extensions are tweaked where the tow bar connects. Not sure if it is an easy repair. Have to see what the adjuster and the repair facility says about it.

[LarryinID]

Originally Posted by fla tom

Wow wet rainy situation and you were worried about stopping in time. The last one in a pile up is the one ticketed regardless. Your loss will be covered why even bring up a law suit? Life happens loss happens why do people try to make money on mishaps? If you are made whole that is what is important.

Because the driver that caused the accident is at fault for following too close for conditions and/or inattentive driving, causing major upset for the OP to deal with repairs and replacements. Insurance does not compensate for the OPs time and effort of loss of use.

[TJFogelberg]

Our toad is also an '02, so I know exactly what you mean. Not much book value there but it runs good and meets our needs as a toad. A new one wouldn't even be possible since new ones can't be towed 4 down like our '02. (Honda CR-V). I lock it with a club I don't want to lose it to some petty car thief.

[Bigd9]

Originally Posted by plasma800

WHOOPSIES!


Personally, I would positively (and quietly... you don't have to tell anyone here, or publicly state you've done this )



but a consult with a big rig accident attorney or 2 or 3 would never hurt anything. But again, I'd be quiet about it.


Opposing attorneys can, and will, dig up anything you say anywhere, or post, or write, and attempt to use it against you.


My main goal would be to be prepared if there are actual physical injuries that crop up later. You need advice at this point, and from more than one perspective, privately.

[eddndee]

Agree with consulting with an attorney, your and his insurance companies have their own interests in mind and they usually don’t mimic yours.

[Solo_RV_Guy]

Originally Posted by LarryinID

Because the driver that caused the accident is at fault for following too close for conditions and/or inattentive driving, causing major upset for the OP to deal with repairs and replacements. Insurance does not compensate for the OPs time and effort of loss of use.

^^^ THIS RIGHT HERE ^^^


It's likely that our RV brother was the reason the results, so far, appear to be relatively minor but he's still sustained a loss that *his* insurance does not cover, and that's what Tort Law is about - compensation for losses caused by others. Our brother's claim for loss is not completely satisfied by whatever the insurance policy covers and he is entitled to fair compensation for that.


He's got a fairly straight forward case and it's probably not worth enough money to a TV-ad lawyer to take the case, unless that lawyer has existing clients suing the same trucking company.


As another reply pointed out, what if a simple whiplash injury turns out to be a more permanent or extensive injury? What if there is greater damage to the coach that is discovered a month after the insurance adjuster settles?


He needs legal advice. I'm not suggesting he immediately file a suit, rather that he needs to talk to his personal attorney (and his wife, as well) and then see if a specialized lawyer is necessary.


Disclosure - my father was a claims investigator for a major transportation company and also an attorney. He told me about half of personal injury cases he investigated were from gold diggers or involved various degrees of fraud; the other part were people who experienced serious injury or property loss but, to his employer, were the same as the first group and is why he left the company, went to law school (at age 40) and became an attorney.

[Monacoach]

Even though the trucker is at fault you might have prevented the collision had you thrown your Hazzard lights on.