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Old 03-07-2017, 02:48 AM   #1
Fishhawk
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Transport company damage responsibility query

I would appreciate any input from anyone that has experienced a similar issue


Here is the situation
Our son -in-law hired a transport company to deliver his 2012 Montana camper 650 miles
The driver inspected the camper and the tires and accepted the camper for the transport
No contract was offered or signed

Day 1 into a 2 day trip
The transport company called to say that the driver has experienced 2 blowouts on the camper and skirting damage

The transport company isnt accepting any responsibility or has any willingness to have their insurance company pay for damage, roadside service or tires replacement costs


We wont be able to inspect the camper or check for any possible inside damage
until next week

My question is
Has anyone on the forum experienced this situation and did their transport company accept any responsibilty and help with expenses?
What is considered "normal" practice for transport company responsibilities?

Thanks for your input
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Old 03-07-2017, 03:22 AM   #2
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Your only question in this dilemma is going to be "fault." If you ask yourself how the delivery company might be at fault you will figure out where you stand. From this end the only fault seems to be with probably six year old tires on the trailer. (Any bets the brand is Trailer King?) Your son's insurance covers the episode and the transporter gets his money plus $50 extra for changing a couple tires. That is IMHO.....
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Old 03-07-2017, 03:47 AM   #3
Fishhawk
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Quote:
Originally Posted by notanlines View Post
Your only question in this dilemma is going to be "fault." If you ask yourself how the delivery company might be at fault you will figure out where you stand. From this end the only fault seems to be with probably six year old tires on the trailer. (Any bets the brand is Trailer King?) Your son's insurance covers the episode and the transporter gets his money plus $50 extra for changing a couple tires. That is IMHO.....
As stated in the post
I'm really asking to hear from folks that have had experience with a similar situation
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Old 03-07-2017, 05:24 AM   #4
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When I was transporting, any load had to be placed on a BOL. The transport driver was responsible for the first $500 (different companies have different levels) of any damage that occurred during the trip and the insurance would kick in after that. The only exception I ever heard of was damage caused by tire failure. I did hear of one driver who had to pay for damage cause by a tire failure, but he drove it for several miles with a blown tire, completely shredded the tire and destroyed the rim. They said it was negligence on the drivers part for not noticing the blowout sooner. Personally, I wouldn't have accepted the load with old tires, but these guys get desperate for back hauls to help offset cost of running empty. The load should have paid around $1,000, of which the transport company will take 20%. My guess is he got it for closer to $650, they still take their 20% and the driver still has the risk of $500 or more liability, $150 of fuel, and wear and tear on the truck.
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Old 03-07-2017, 06:56 AM   #5
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They don't pay for that. You bought the trailer, it's not the drivers responsibility to evaluate your purchase. If you hired him to tow it, assuming it was in towable condition. Thats what he did. He would prob make the attempt to change the first blow out with the available spare. After that what is he suposto do? 2 blowouts and skirting damage should be on your insurance. I wouldn't have had it picked up without first insuring it.
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Old 03-07-2017, 09:17 AM   #6
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Watch Judge Judy. NO I have never had this type of problem. I do know that some type of agreement was made before the job was started. Yes there was. For 1 thing the amount to be paid and how is a contract or agreement. Also the delivery place and date. In that agreement I bet tires are not any part of any coverage. Those are road hazard and maybe the damage they caused. But until you hear what the contact or agreement was who knows.
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Old 03-07-2017, 09:43 AM   #7
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Quote:
Originally Posted by Fishhawk View Post
I would appreciate any input from anyone that has experienced a similar issue


Here is the situation
............
No contract was offered or signed

............

The transport company isnt accepting any responsibility or has any willingness to have their insurance company pay for damage, roadside service or tires replacement costs


We wont be able to inspect the camper or check for any possible inside damage
until next week

My question is
Has anyone on the forum experienced this situation and did their transport company accept any responsibilty and help with expenses?
What is considered "normal" practice for transport company responsibilities?

Thanks for your input
There is the first mistake!!! You are letting someone to hook up and tow your 5er 650 miles without a written contract, as to cost, delivery times and responsibility for damages???

Did he have insurance on it?? Many insurance company's don't write separate policies for a trailer as it is assumed it is covered by the tow vehicle.

Good Luck, and best wishes.
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Old 03-07-2017, 10:17 AM   #8
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Who cares if the driver had insurance? Let's discuss the "fault" issue. How is this the driver's fault?


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Old 03-07-2017, 12:13 PM   #9
Fishhawk
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Quote:
Originally Posted by 336 View Post
They don't pay for that. You bought the trailer, it's not the drivers responsibility to evaluate your purchase. If you hired him to tow it, assuming it was in towable condition. Thats what he did. He would prob make the attempt to change the first blow out with the available spare. After that what is he suposto do? 2 blowouts and skirting damage should be on your insurance. I wouldn't have had it picked up without first insuring it.
No one ever said the camper wasnt insured , it was
BTW
Your info is incorrect
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Old 03-07-2017, 12:29 PM   #10
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Quote:
Originally Posted by bsmith0404 View Post
When I was transporting, any load had to be placed on a BOL. The transport driver was responsible for the first $500 (different companies have different levels) of any damage that occurred during the trip and the insurance would kick in after that. The only exception I ever heard of was damage caused by tire failure. I did hear of one driver who had to pay for damage cause by a tire failure, but he drove it for several miles with a blown tire, completely shredded the tire and destroyed the rim. They said it was negligence on the drivers part for not noticing the blowout sooner. Personally, I wouldn't have accepted the load with old tires, but these guys get desperate for back hauls to help offset cost of running empty. The load should have paid around $1,000, of which the transport company will take 20%. My guess is he got it for closer to $650, they still take their 20% and the driver still has the risk of $500 or more liability, $150 of fuel, and wear and tear on the truck.
Thank you very much!!!

This is exactly the type info we were hoping to receive
Very helpful!
We Appreciate that you took the time to read and understand what we posted and the info needed


Son -in- Law has reached an agreement with the transport company who has agreed to split some of the expenses

Insurance is covering the rest
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Old 03-07-2017, 02:26 PM   #11
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Okay, I'll throw another log on the fire. Did he figure out all by himself that he needed some real tires? Or is he going to go through life blaming his tire situation on someone else?
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Old 03-07-2017, 04:25 PM   #12
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I said "I wouldn't have picked up without insurance" and that "your insurance should cover the damage" no implication on your insurance status. And I did read and consider the post. Comical how you liked the other post that broke down the drivers costs and slim margins. I feel bad for the transport co that agreed to tow this. Now a losing venture for that guy. But what's important is you got the trailer and didn't have the responsibility.
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Old 03-07-2017, 05:25 PM   #13
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All, the OP asked about transport company liability. We can all sit here and judge all day long about the fact that 6 year old tires on an RV have outlived their useful life, or that they should have had a signed contract. None of that really matters at this point. Yes the transport company is insured by law, if I remember correctly, most of them have $150,000 in coverage. Anytime something is towed commercially the transport companies DOT number is used, they have to be insured and have a bill of lading. Transporters are independent contractors with a signed lease agreement to the transport company, they cannot run their own DOT numbers. Yes they are responsible for damage caused due to negligence. For example, if there were high winds and the transporter continued to drive and was blown over or if road conditions are bad and they get into an accident. As I stated in my original response, blown tires are not negligence on the transporters part. As for spares, yes he would have changed the first flat using the provided spare. I would have contacted the owner and asked for him to arrange a location and purchase a replacement, but another alternative that transporters can use is to remove the tire, chain up the axle, and run on just one tire on that side.

It sounds like the OP and transport company have come to an agreement that works for both. The transporter himself just lost money on a 2 day run. That's why I never took those loads, too much risk, too little reward. Better off just running empty and picking up a new RV from the manufacturer.
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Old 03-07-2017, 06:17 PM   #14
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Glad to hear the problem was worked out. Which was a contract, 2 parties agreed to resolve the problem.
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Old 03-08-2017, 02:48 AM   #15
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Quote:
Originally Posted by bsmith0404 View Post
All, the OP asked about transport company liability. We can all sit here and judge all day long about the fact that 6 year old tires on an RV have outlived their useful life, or that they should have had a signed contract. None of that really matters at this point. Yes the transport company is insured by law, if I remember correctly, most of them have $150,000 in coverage. Anytime something is towed commercially the transport companies DOT number is used, they have to be insured and have a bill of lading. Transporters are independent contractors with a signed lease agreement to the transport company, they cannot run their own DOT numbers. Yes they are responsible for damage caused due to negligence. For example, if there were high winds and the transporter continued to drive and was blown over or if road conditions are bad and they get into an accident. As I stated in my original response, blown tires are not negligence on the transporters part. As for spares, yes he would have changed the first flat using the provided spare. I would have contacted the owner and asked for him to arrange a location and purchase a replacement, but another alternative that transporters can use is to remove the tire, chain up the axle, and run on just one tire on that side.

It sounds like the OP and transport company have come to an agreement that works for both. The transporter himself just lost money on a 2 day run. That's why I never took those loads, too much risk, too little reward. Better off just running empty and picking up a new RV from the manufacturer.
Bssmith
Thanks, as you just said
My post was simply about
asking input from folks who actually had first hand knowledge about liabilty assumptions of transport companies
since my son in law and I have no knowledge of this

It was A simple question that was expertly answered by bssmith

The age of the tires , the contract and camper insurance was never asked about
Because they didnt pertain to the post
Now
For you posters who are still on your various unrelated soap boxes
The tires are Goodyear 2 years old
The price and other info was stated in texts
apparently this was agreeable to the transport company and my son in law

Circumstances of the blowouts apparently led to the transportor agreeing to help with expenses

This info wont do anything to calm the various off topic responses the soap box crowd will continue with
but they can rant and rave without any response from me
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Old 03-08-2017, 04:34 AM   #16
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If you or your son-in-law was towing it and experienced 2 blowouts, who's at fault? The state, the DOT, the highway crew, etc. It's tire blow outs, these happen while towing ,you may have to just file a claim when it arrives and go from there
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Old 03-08-2017, 05:53 AM   #17
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Since the OP has stated that the issue has been resolved to his satisfaction, and there isn't any real need to further the discussion, this thread is now closed.
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