CFI Wrecked My Trailer. They Don’t Want To Pay

Topic 30543 | Page 1

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Todd B.'s Comment
member avatar

A CFI driver hit my parked trailer in a service plaza in Ohio while I was taking a shower. He was stuck on the back corner of my trailer and was going back and forth trying to get himself unstuck when a witness stopped him and they came in to the service plaza to look for the owner. These are photos of what I found when I came to see what happened.

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Not a lot of damage, just a bumper, light panel, kick panel, and a couple spot welds on pipe spools that broke loose from the rub rail, but the parts are back ordered for at least 4 weeks.

I ask CFI to cover the cost to repair the trailer, lost revenue for the first 8 days after the accident, and a trailer rental for 4 weeks after that. I felt like it was all reasonable considering they destroyed the back end of my trailer while I was parked in a wide open parking lot.

They wouldn’t even cover the cost to repair the damage to the trailer. They kept telling me that I had to send everything through my insurance company and they could submit the claim to CFI. I ended up using my insurance, but I didn’t have a policy that covers down time or trailer rentals in these situations so they told me I’d have to collect the money directly from CFI. I’ve emailed them and it’s been 5 days with no response. I called them this morning and they transferred me to a line that didn’t have voicemail and no one answered after over 10 min.

Have any of y’all had similar a experience with a mega carrier damaging your equipment and then not cooperating at all. Any advice on what I can do to get them to cover down time and/or the cost of a trailer rental while the shop is waiting on parts to come in?

The total cost for everything is low enough that it’s hard to justify an attorney, although I’m still considering that.

Thanks in advance for any advice / feedback.

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Truckin Along With Kearse's Comment
member avatar

I feel your frustration... Different states have different rules. In Nj that is indeed how it works...each insurance company pays and then the insurance companies fight it out.

This is one of those things that as an owner Op you need to be aware of too prevent the situation. What if this happens with no witnesses and driver get away. What if it turned out the driver didn't have insurance? People drive illegally.

Best bet. To to OOIDA for owners. This site as for new drivers and mostly company drivers. Good luck

OOIDA:

Owner-Operator Independent Drivers Association

Who They Are

OOIDA is an international trade association representing the interests of independent owner-operators and professional drivers on all issues that affect truckers. The over 150,000 members of OOIDA are men and women in all 50 states and Canada who collectively own and/or operate more than 240,000 individual heavy-duty trucks and small truck fleets.

Their Mission

The mission of OOIDA is to serve owner-operators, small fleets and professional truckers; to work for a business climate where truckers are treated equally and fairly; to promote highway safety and responsibility among all highway users; and to promote a better business climate and efficiency for all truck operators.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Old School's Comment
member avatar
They kept telling me that I had to send everything through my insurance company and they could submit the claim to CFI.

That's the way you are supposed to handle it. They call that coordination of benefits.

I ask CFI to cover the cost to repair the trailer, lost revenue for the first 8 days after the accident, and a trailer rental for 4 weeks after that. I felt like it was all reasonable considering they destroyed the back end of my trailer while I was parked in a wide open parking lot... I didn’t have a policy that covers down time or trailer rentals in these situations so they told me I’d have to collect the money directly from CFI.

Once again, that is coordination of benefits. Had you insured yourself properly, you wouldn't be having these problems. Your insurance company would have went after CFI and taken care of all that for you. As it is, you are stuck searching for answers from knuckleheads on the internet. It's kind of like Jailhouse lawyers. The other inmates aren't going to be able to give you straight advice. If you want it resolved you will need an attorney. It would have been much easier to just insure things the way you want them covered.

I am sorry you are going through this, but surely you were aware these kind of things happen out here. I don't understand why folks don't get the coverage they need. Actually I do. It is cost prohibitive. It is all a part of doing business. It is a part of the overhead expenses of being in business. Trucking is tough, especially when you are the owner.

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

Big Scott's Comment
member avatar

CFI didn't do anything to you. A driver did. I have no idea if that driver is still employed.

Did you get a police report? Witness statements? It has nothing to do with the size of the company. What if you hit someone and they came after you? Wouldn't you do everything to keep from having to pay?

Like the others said, talk with your insurance company and a lawyer. Let them fight for you.

Good luck.

Sid V.'s Comment
member avatar

Hi Todd,

Sorry to hear about the accident. I don't know if your an o/o or work for a company, but it sounds like your an o/o if you're going through the claims process yourself. I had a company driver hit my truck backing up. I got them to pay for the repairs but nothing else. They basically gave me an efs code for the repairs because the repairs didn't meet their deductible. They will wait you out basically, and if your looking for lost wages or rentals, you can pretty much forget about it unless you get a lawyer.

You can use your insurance if you want, but i'm not sure if it counts against you at renewal time. My gut instinct says no, but insurance is the most crooked part of the industry so i could be mistaken.

Hope you get on the road sooner than later.

Bklyn Dreams's Comment
member avatar

It all depends on the amount you are claiming for lost income, loaner equipment rental, etc. You'd have to sue them in civil court. Judge Judy ring a bell?

A kid hit my car but he only had 10K in coverage. Just barely enough to cover the body work. I tried to get depreciation value for the damage but was told I'd have to sue the owner directly. Obviously, that would've been just a major waste of time.

Good luck!

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