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Old 07-10-2018, 06:46 AM   #1
mskeyspirate
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Tell my about tow weights and liability.

I have a friend who tells me that he would like a little larger camper. However....because of the tow restrictions on his 1500 Chevy, he will not risk it. He tells me that he believes that "any weight" over the tow weight on the vehicle will cost him dearly should he have an accident. Is this true ? Following and accident do they scrutinize that closely ? Is this extra weight (within reason) nothing to worry about. By the way, I'm not talking about 2,000 pounds here, he's stating that even 200 lbs is reason to worry. Could they, or do they consider you liable automatically for over weight tows ?
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Old 07-10-2018, 07:59 AM   #2
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Best to ask the guy who pays the claim, the insurance agent. When ever I have gave that advice, none do. We live in a lawsuit society any product we use that is printed with spec's and we do not keep in the those spec's open us up to lawsuits right away if someone is killed.
With a truck/rv combo involved in a deadly crash, all the things about the vehicles will be found out, over weight may or may not be a factor but will be listed. Some states issue tickets for overweight, this state when I did weigh vehicles we were told to allow 1,000 over of gross weight, less on tires etc.
Will the truck break in half if towing 1,000 over, not likely. You could also ask the company who put the weight stickers on it, how much overweight is Okay?
I think we can make a good guess on what the insurance agent and truck maker will say.
What people say on here will never help you if you get into any trouble for being overweight.
Me, I learned along time ago to have more tow vehicle than needed to avoid going over any weight limits.
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Old 07-10-2018, 08:00 AM   #3
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Absolutely. Attorneys live for a scenario like this. Negligence!
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Old 07-10-2018, 08:02 AM   #4
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This is why my trailer is 4,000 lbs. (dry) and my tow capacity is 9,000 lbs., better to not take the risk of problems. Fully loaded trailer plus myself and my wife we are still only a little over half the capacity.
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Old 07-10-2018, 08:04 AM   #5
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Every answer you get is going to be "another opinion", most based on personal experience, general knowledge, "armchair lawyering" and steeped in locality legend.......

That said, Automobile manufacturers advertise for two reasons (probably many more than two) first, to attract customers (buyers) and second, to present their product as "better than the competition"..... So, there's a certain amount of "increasing the ratings to the maximum" that goes on with all manufacturers..... That said, most ratings are for the "new vehicle, just off the showroom floor".... They don't take into account things like half worn tires, brakes that have 20,000 miles on them, springs that sit with heavy weight on them for 3 or 4 years, engines operated with dirty air filters, dirty fuel filters, sub-par fuel (ethanol).... Nor do the ratings take into consideration things like bad weather, high altitude, wet roads, excessive sidewinds, driver fatigue, or stupid people sharing the roadway (emergency stops)....

What I'm saying, in short, is that the towing specifications are almost always predicated on a new, fully serviceable vehicle and the testing was done under ideal conditions. These are things usually not present in "everyday towing"....

Why is that important? Because we operate our vehicles in adverse conditions and seldom have the "luxury" of ideal towing conditions. So, most experienced people will recommend a reduction from the maximum advertised ratings. Some say 10%, many say 20% is the target tow weights "BELOW THE ADVERTISED RATING".....

Now, will anyone who tows 200 pounds over the truck rating be considered "guilty" ??? Probably not. I'd ask, if you're involved in an accident where a child or a family is killed or seriously injured, are you really worried about what the lawyers say in court? Or are you more concerned with how the guy you look at in the mirror every morning feels????

There's much more to towing responsibly than being under a number on a page in the owner's manual........
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Old 07-10-2018, 08:17 AM   #6
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We have an RV dealer in London, Ontario who advocates and promotes using the propper hitch set up to tow what I consider overweight trailers on vehicles not rated for the weight. He himself wrote an article for one of the RV magazines telling of his trip across the country pulling a large Airstream with a Chrysler 300. He does use a Hensly hitch set up but he is definitely over the weight limit of the car. That said I have lunch quite often with a lawyer friend of mine. I questioned my friend one day and asked about the liability if in fact someone was to get hurt in the event of an accident. Bill told me he would name in the lawsuit everyone from the driver of the car right down to the person who installed that hitch on the back of the car if it was proven the tow vehicle was under rated.

Not my intention to start a "I hate lawyers discussion" but to relay what was said to me.
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Old 07-10-2018, 08:59 AM   #7
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You're lucky to have an honest RV dealer. There's a salesman in Smithville that isn't so.
Lucky I got the chance to walk away.
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Old 07-10-2018, 10:02 AM   #8
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I have several family members (2 nephews, one niece,and 1 brother-in-law)that are in law enforcement. They all have told me that investigating a fatality or even serious motor vehicle accidents that they will inspect and record everything related to the performance/use of that vehicle. This includes tire trad depth, brake pad/shoe thickness, steering linkage tolerances, etc. The load in the vehicle is also scrutinized as well. That being said, to John's point, do you want to look in the mirror and see the guy who may have permanently disabled, dismembered, or killed someone because you wanted a larger trailer than the truck could handle safely? My bet would be if someone did that to your loved one you would want them to "pay" for their decision.
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Old 07-10-2018, 10:06 AM   #9
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Quote:
Originally Posted by mskeyspirate View Post
I have a friend who tells me that he would like a little larger camper. However....because of the tow restrictions on his 1500 Chevy, he will not risk it. He tells me that he believes that "any weight" over the tow weight on the vehicle will cost him dearly should he have an accident. Is this true ? Following and accident do they scrutinize that closely ? Is this extra weight (within reason) nothing to worry about. By the way, I'm not talking about 2,000 pounds here, he's stating that even 200 lbs is reason to worry. Could they, or do they consider you liable automatically for over weight tows ?
You seem to be questioning the "max tow" rating and nothing else. By the time your friend gets to the max tow he has probably already exceeded the payload and/or possibly gvw/gcwr or gawr. He needs to gather a lot more information to educate himself. And, read the placard on the door for payload; it will say "MUST not exceed"; not a suggestion or guideline....a stated fact. Take that to a jury when you have an accident and argue against it. As the operator of a motor vehicle it is YOUR responsibility to know your vehicle limitations and stay within them.
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Old 07-10-2018, 10:12 AM   #10
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In our current highly litigious environment; I can't see any way that someone involved in an accident where there is substantial property damage would escape without major legal costs. Much less if there were egregious injury to anyone involved.
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Old 07-12-2018, 06:13 AM   #11
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thank you all for your answers and insight. I am happy being well under my max. this has been a campfire discussions many times for us. It does amaze me to see folks that you can easily tell are over weight in the towing habits. Thanks again....can always find what I need here.
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Old 07-23-2018, 02:20 AM   #12
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Exactly

Quote:
Originally Posted by Badbart56 View Post
Absolutely. Attorneys live for a scenario like this. Negligence!
This is soooo true. Not only should we be worried about the insurance company not paying the claim, we have to be concerned about being found at fault, totally because our rig was past the towing recommendations.

Besides worrying about the "what if's", from my previous experience, of towing to the max, I now try to stay at 70-75% of towing max recommendations.
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Old 07-23-2018, 04:59 AM   #13
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I remember from my flying days that if the plane was edging close to max weights balance someone was going to take a bus. And while the statement is true "you can't pull an airplane over and stop" the time it takes to get into trouble can come quickly when driving. Traveling at or over max parameters just increases the risk when the unforeseen happens. Blowouts, high wind guts on a mountain pass, swerving to avoid a sudden object in your path, etc. always seem to happen when you least expect it. And I just love the rationalization that "we don't go that far". If you boarded a commercial airline and the pilot came across the pa system and said "Folks, just want to make this little legal disclaimer. We are travelling over our wt limits today but we are only fly to the next city and not coast to coast and the weather should be ok. . Would you stay on that plane? Apologize for the rant and return you to your normally scheduled programming.
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Old 07-26-2018, 07:57 AM   #14
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Originally Posted by mskeyspirate View Post
Following and accident do they scrutinize that closely ? Is this extra weight (within reason) nothing to worry about. By the way, I'm not talking about 2,000 pounds here, he's stating that even 200 lbs is reason to worry. Could they, or do they consider you liable automatically for over weight tows ?
Depends on the accident I would imagine. If there is an injury and a lawyer gets involved, you better believe the lawyer will look at every single thing including whether a cell phone is involved. My husband was in an accident several years ago and they requested cell records, etc. He wasn't even at fault, but they looked at all of this and would have used it to make him "at fault" if it was to their advantage.

Tip for everyone, look at your insurance coverages, dont' buy just the state minimum. Protect yourself with either increased coverages or an umbrella policy.
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Old 07-26-2018, 08:05 AM   #15
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Some manufacturers exaggerate their tow capacity. Others will have a higher tow capacity in Canada than the USA with the same exact vehicle. My experience is, always use a vehicle with a much higher tow capacity. You will have fewer headaches and breakdowns. FYI: He might be able to increase his tow capacity by adding a tow package - Air shocks, etc.
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Old 07-26-2018, 10:48 AM   #16
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Bbells, I believe you may have to explain this remark a little further: "Others will have a higher tow capacity in Canada than the USA with the same exact vehicle"
Something about this statement just doesn't seem to ring true.
On edit: Actually I was holding back a little. I simply don't believe that statement is true.
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Old 07-26-2018, 01:33 PM   #17
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Bbells, I believe you may have to explain this remark a little further: "Others will have a higher tow capacity in Canada than the USA with the same exact vehicle"
Something about this statement just doesn't seem to ring true.
In Canada and other countries it is not unusual for a vehicle to have a different tow capacity listed. Some vehicles sold in the USA show no tow rating while the same vehicle sold in other countries shows a tow rating.
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Old 07-26-2018, 01:55 PM   #18
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Quote:
Originally Posted by bbells View Post
Some manufacturers exaggerate their tow capacity. Others will have a higher tow capacity in Canada than the USA with the same exact vehicle. My experience is, always use a vehicle with a much higher tow capacity. You will have fewer headaches and breakdowns. FYI: He might be able to increase his tow capacity by adding a tow package - Air shocks, etc.
I don't know about Canada but here in the states it doesn't matter what you "add" to the truck, the GVWR on the door sticker is the max allowed. Period.
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Old 07-26-2018, 02:30 PM   #19
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Bbells, I believe you may have to explain this remark a little further: "Others will have a higher tow capacity in Canada than the USA with the same exact vehicle"
Something about this statement just doesn't seem to ring true.
On edit: Actually I was holding back a little. I simply don't believe that statement is true.

Maybe because they use the metric system ??
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Old 07-26-2018, 02:38 PM   #20
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Maybe because they use the metric system ??
kgs to lbs
kilometers to miles
Celsius to Fahrenheit
Liters to cubic inches (looks like we lost that one)

My brain hurts.
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