18 Wheeler Crushed My Toad, Ruined My Day and Summer

[Walt Graham]

Sorry to see that happen to anyone. Just be thankful you weren't part of the Florida evacuation ahead of Hurricane Irma. It seemed like at every entry point for north bound I-75 someone would try to get between my motorhome and the tow dolly. Of course we were only doing 10 to 15 mph. The worst offenders were BMW drivers. Hey from Sarasota to Gainsville it took over 9-1/2 hours... a little longer than the normal 2 or 3 hour trip. Best of luck with repairs. Walt

[BirdsGo2]

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.

Problem with being "made whole" when you have an older car is that Blue Book for the car won't replace it. I tend to take care of my cars and keep them forever. When they start costing me in the way of major repairs, THEN I replace them. But on Blue Book, they're worthless value-wise when they could have lasted me several more years.

My towed is a 2004 Toyota RAV4 I bought new. Other than door dings, it's in really good shape.

[waterjosh]

Sorry to hear about any part of this, but I would double check on your trailer as I have always been told by my insurance company USAA that my vehicle insurance covers whatever I'm towing

[docj]

Originally Posted by Hit_the_Rhod

Charles L,

• As suggested, require an adjustment ($$) for diminished value of your RV as suggested earlier.
  

In his initial post the OP said he was waiting for the Geico RV adjuster. I presume that his insurance is with Geico in which case I feel sorry for him. In my experience Geico is a horrible company to have a claim against. They nickel and dime everything and have a corporate policy against paying for diminished value.

If I were in your shoes I would deal ONLY with the trucker's insurance company rather than having Geico make all the decisions and having the other company pay them back. If Geico makes the decisions on the repairs they will only authorize the absolute cheapest approach to fixing things since that's the way they operate. The trucker's insurance company will have no ability to push back on you since their client hit you from behind. Your need to end up with a serviceable toad will be treated better by them then it ever will by Geico.

With regard to medical issues yet to arise, did both you and your wife go to the ER after the accident? If not the same day, did you go shortly thereafter? Did you have full workups including neck and spine CT's? Without padding the bill, I'd want to make sure that the trucker's insurance company is facing a few thousand dollars in documentable medical costs. "Pain and suffering" payments in accident cases are usually calculated as a multiple of actual medical expenses incurred. I wouldn't sign any medical releases for at least 6 months (a year would be better) and I'd be quick to investigate any "aches and pains" the two of you experience during that period.

Between the diminished value of your RV, pain and suffering (including emotional anguish) and medical expenses you should be able to recoup enough to get a replacement toad. Don't forget that in many states, if you are carrying medical payment insurance to passengers in your vehicle it will pay regardless of whether or not your medical expenses are paid for by the other party's insurance.

I'm not suggesting that you in any way scam your insurance company or the trucker's, but you are entitled certain things and you won't get them unless you know to ask for them. Attorneys can do this for you, for a price. Or you can become smart enough to do it on your own and save the >30% you'd give the attorney.

[aether_one]

Originally Posted by Monacoach

Are you seriously asking how Hazzard lights could prevent a Hazzard?
Ok just in case you are not joking I will explain how putting your Hazzard lights on helps a trucker know that you are slowing down dramatically.

Oh wait I think I just explained it. ��

Brake lights don't tell a trucker how hard you are braking. If you put your Hazzard lights on it will catch the eye of the trucker and he will know that you are braking hard.

If you are the last vehicle slowing to a crawl and you don't have your Hazzard lights on you are a sitting duck.

Hazzard lights only work when you are not applying the brakes. From the OP's post it would seem he was applying the brakes until he was rear-ended. No help in that case.

[vlamgat]

+1 The lawyers will work out a deal to suit the insurance companies, both yours and theirs. Your interest will never enter the arrangements unless you have something to make it happen.

[sajohnson]

Originally Posted by tfryman

Hazzard lights only work when you are not applying the brakes. From the OP's post it would seem he was applying the brakes until he was rear-ended. No help in that case.

That's true in cases where there are no amber lights.

With amber signals, they are very visible and of course independent of the brakes.

[TurtleKent]

Originally Posted by OFDPOS

Kinda gleaned over all the posts , so not sure if this tidbit was covered. ?

Remember anything damaged that gets fixed on the vehicle from a body shop etc goes into cyber space and now its marked/flagged !
You decide a couple years from now to trade it in, the dealership your trading it into does their carfax Or ? and bingo it comes out in the report.
All it had to be is a minor replace bumper to spray a qtr panel the value of your vehicle just hit rock bottom !

There's a term used for it.....

So just repairing the damaged parts isn't making you whole !
But now you have lost value of the MH too ...

It's called 'diminished value', which your motorhome has suffered. It can be repaired good as new but will never have the value it did before the crash. You can be reimbursed for 'diminished value'.

You can also be reimbursed for 'loss of use' and for 'incidental expenses' incurred by you related to the accident.

These two may not be paid by your insurance, but most certainly will be paid by the trucker's insurance, provided you claim, document, and fight for this reimbursement.

The motorhome likely needs to be examined by a truck frame shop to determine structural damage.

OP stated that he slowed to 10mph at the time of the accident. In some states it is illegal to drive with 4-way flashers on... they can only be used when stopped.

Another good reason to run with a dash cam that has a date/time and GPS stamp. It would not show truck approaching/hitting you, but it would show the consequences. You then have documentation to help prove your case. I understand that the dash cam cannot be taken by the LEO without a warrant.

Do NOT sign any 'release' or 'settlement' regarding your personal injuries, until you and your doctors are CERTAIN that there will be no lingering effects... injuries unfortunately can drag on for years. This is where a lawyer becomes necessary... to protect your rights.

Not a lawyer, but my 2¢ from the school of hard knocks.

[Seichi]

Semi Truckers have Class A CDL, means their penalties are much steeper than rest of Class C drivers. If you decide to fight legal battle with such truckers, then gather details and have good representation of your case. Truckers cannot afford to loose their privileges even for a month, so they are always very well prepared to fight back.
The trucker who hit you may have video footage as well.
Hope you fix your RV with minimum out of your pocket. Have fun memories and hope you forget about this unfortunate incident soon.

[Superburban]

Tapping the brakes can also be a good way to warn drivers behind you that something is up. But, in the OP's case, he has stated that he barely had time to stop. So down to a matter of mere seconds being the difference of him causing the first accident, or not. Having been a ground accident investigator for the Army, I can't help bnut take notice that the damage between his rig, and the trailer in front, looks worse then the damages between the big rig, and his toad/ rig. Depending on how well the police took notes, I can see this becoming a long drawn out legal battle. I can also bet the antique tags on the front RV, being brought up with the claim that it should not have been on the road (I don't know VA, but most states only allow occasional use, and not as a motorhome). Is NC a no fault state?


I would definitely get with a good lawyer sooner, rather then later. And do not talk to any other insurance companies. Keep telling them you are too busy, and will get back to them. Most of all, when they call, and ask how you are doing, do not answer it. They often will try to get you to say ok, or will try to catch you in insurance fraud, or at least be able to say that to shut you up down the road.


Be careful answering the phone anytime you do not already know the caller. A simple hows things going? can be a trap.

[ballard770]

Originally Posted by LargeMarge

Here is my response based on my experience:
Stuff is just stuff. It can be replaced.
Injuries may heal. Irregardless, life goes on... it must!

I'm concerned about the damage to your spirit, the 'ducking' and 'looking over your shoulder' at every sound in the night.

Although you may crave retribution / revenge, please remember Newton's Third:
Every action creates an equal opposite reaction.

Would it help to pray for the operator of the tractor-trailer rig?

Mixing laws of physics with obtaining compensation for cost of being hit by a careless driver. Yes, filing a claim and expecting reasonable compensation for losses may cause the insurance company to try to weasel out of their obligation but it is on a different plane from Newton’s law as though comparing apples and oranges. Or perhaps they should just say oh well we didn’t die and absorb the loss.

Perhaps praying for the truck driver may help a little bit but so would baking a batch of cookies as aunt Bee would have done for Opie. Mild sarcasm intended!

[RandyKoth]

First and foremost glad you both are OK and the MH. Not sure what I would do about repairs since mine is my full time live in. At the end of the day it would be difficult to sleep any where else!

I saw a post by a Honda CRV owner mentioned that newer cars can't be towed 4 down. Quite correct. With Honda the latest year you can tow 4 down is 2014. It's what I went with. BTW if you have an apple iPhone it won't connect to it. They made the iPhone 7 incompatible with older vehicles. An unpopular power play by apple.

Good luck to you

[Sljb1610]

Just want to say that a 'whiplash' can be a serious medical condition.
This often leads to extensive arthritis in the neck, & surgery down the road.
Never a bad idea to consult an attorney on these matters.

BTW, I live in Virginia & would like to go RV'ing with y'all.
How would I learn about any single or SOLO travelers on this forum??
Not looking for a 'free ride', pay my own way, nice looking, mid-60's 'lady', just wanting to check off a few of my bucket list items. Drop me a line!

LUCY Registered Nurse

[beboboy9]

Originally Posted by 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.

You have experienced what we all wince to even think of. Now the fun part begins as you battle your way getting the service you need from so many sources. Please do us a favor and report back on how well Geico handled your case and also if your repairs were done at one facility. Trucking companies carry big insurance so maybe you hire a lawyer to send the trucking company's insurance carrier a letter letting it know that you have someone ready to go to bat for you if they dilly dally about. Good luck and do let us know if your process goes well or is a total nightmare.