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Ed&Sherry 
Silver Level
Joined: 08 May 2010
Location: Owego, NY
Points: 234
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 Topic: dealing with accident insureance
Posted: 27 Jun 2019 at 6:06am |
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yesterday I got rear ended, I had 190xt -inline baler-and half loaded kicker wagon going down the road in 3rd gear when a 10 wheel loaded with silage brakes failed ,coming down a hill, he hit the wagon dead center in the rear. result--box on the wagon slide 10 ft forward,truck ran over the rear wheels,,box went into the baler, folding the kicker. breaking pulleys,shafts, everything,,baler hit trctor so hard broke the drawbar,for some reason the tractor front jumped like 3 ft in the air and killed the engine . I stayed with the tractor but was taken to hospital for xrays, got pills and need to see a back speacialist for disc problem. question is never dealt with insureance men on farm stuff,,wagon was not new,but was in good shape,i need it replaced,,baler and tractor both vary nice, the 190 was totally rebuilt 3 yr ago $14000 on rebuild..And where do I stand as far as making hay? Now is the time window and im broke down, this is my business, making and selling hay, have orders to fill? How do I really know what damage done to the trctor or baler inside? This is an old tractor but looks brand new, same with the baler looking good.Where do I get prices ?
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DougS
Orange Level
Joined: 03 Nov 2011
Location: Iowa
Points: 2490
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Posted: 27 Jun 2019 at 6:15am |
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You're at an advantage when you are rear-ended. Don't let the adjuster know that you are chomping at the bit for a settlement. An independent appraiser would give you a better idea of where to settle at, but he's no longer independent once he agrees to accept a fee from one party or the other. Wait and see what the adjuster offers. Your neck is a little sore, yes?
Edit: I've been rear-ended more than once. I always made it clear to their adjuster that I expected rental reimbursement. If you must, rent some equipment to get the job done.
Edited by DougS - 27 Jun 2019 at 6:19am
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Sugarmaker
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Joined: 12 Jul 2013
Location: Albion PA
Points: 8433
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Posted: 27 Jun 2019 at 6:54am |
Ed, Glad it wasnt any worse on you! Equipment can be fixed or repurchased. Get the back looked at. Check with friends about making your hay crop. |
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D17 1958 (NFE), WD45 1954 (NFE), WD 1952 (NFE), WD 1950 (WFE), Allis F-40 forklift, Allis CA, Allis D14, Ford Jubilee, Many IH Cub Cadets, 32 Ford Dump, 65 Comet.
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Bob D. (La)
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Joined: 12 Sep 2009
Location: Louisiana
Points: 25529
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Posted: 27 Jun 2019 at 7:03am |
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Ed, Glad you are here to tell us about this. This will be a long drawn out affair to get adequate compensation. Renting equipment to get your hay in seems to me to be the only viable option. Fight hard to make insurance pay all rental fees and also the ongoing medical problems.
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When you find yourself in a hole,PUT DOWN THE SHOVEL!!!
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Don(MO)
Orange Level
Joined: 12 Sep 2009
Location: Bates City MO.
Points: 6862
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Posted: 27 Jun 2019 at 7:36am |
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Call an attorney asap that handles DOT/ truck or at leased auto accidents. A good one will save you time and money in the long run. Don't try Fighting the insurance Co, you will get the loss and they will win.
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3 WD45's with power steering,G,D15 fork lift,D19, W-Speed Patrol, "A" Gleaner with a 330 corn head,"66" combine,roto-baler, and lots of Snap Coupler implements to make them work for their keep.
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exSW
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Joined: 21 Jul 2017
Location: Pennsylvania
Points: 914
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Posted: 27 Jun 2019 at 8:02am |
 Don(MO) wrote:
Call an attorney asap that handles DOT/ truck or at leased auto accidents. A good one will save you time and money in the long run. Don't try Fighting the insurance Co, you will get the loss and they will win. |
The best advise you will get. No matter how bad you hate Lawyers this is what they are for.
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Stan IL&TN
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Joined: 13 Sep 2009
Location: Elvis Land
Points: 6730
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Posted: 27 Jun 2019 at 9:46am |
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BIL had a head on while he was in his big JD. Guy in a truck passed another and hit him head on. Broke the front wheel drive on his planting tractor. The guys insurance is paying for his rental tractor at the tune of $113 per hour. Get a lawyer is good advice.
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1957 WD45 dad's first AC
1968 one-seventy
1956 F40 Ferguson
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Acdiesel
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Joined: 15 Jun 2012
Location: Rochester Ohio
Points: 2572
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Posted: 27 Jun 2019 at 10:51am |
THE FAULTED DRIVER'S INSURANCE WILL PAY TO HAVE YOUR EQUIPMENT EITHER REPLACED OR REPAIRED. THEY WILL MOST LIKLEY HAVE AN ADJUSTER OUT TO VALUE YOUR EQUIPMENT AND CUT YOU A CHECK. IF THEY HAVE NO INSURANCE THAT'S WHEN YOU GO TO COURT OR IF YOUR NOT HAPPY WITH THE APPRAISED VALUE GIVEN.
GOOD LUCK AND GLAD TO HEAR YOUR O.K.
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D19 Diesel,D17 Diesel SER.3
2-D14, 2-D15 SER.II WF/NF
D15 SER.2 DIESEL
D12 SER.I, D10 Ser.II
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Gmc,caterpillar
I'm a pharmacist (farm assist) with a PHD (post hole digger)
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DougG
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Joined: 20 Sep 2009
Location: Mo
Points: 8256
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Posted: 27 Jun 2019 at 7:28pm |
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Shoot big on $$$$$$ numbers!
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Bradleytrench
Bronze Level
Joined: 12 Mar 2013
Location: Missouri
Points: 139
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Posted: 27 Jun 2019 at 8:41pm |
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Dont release your tractor or equipment to the insurance company until you are satisfied with the money you are receiving. Remember this as well rather your stuff is at a tow lot or your farm, there is daily storage charges on each piece of equipment. You have the leverage over the insurance company. Let that stuff set. And do as my dad said get an truck wreck attorney. Bobby MO
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1 WD45D, 1 A2 GLEANER, Wd w 33mounted corn picker
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Bill_MN
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Joined: 12 Sep 2009
Location: Sioux Falls, SD
Points: 1466
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Posted: 27 Jun 2019 at 9:17pm |
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definitely talk to a lawyer no matter what
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1951 WD #78283, 1918 Case 28x50 Thresher #76738, Case Centennial B 2x16 Plow
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George Davenport
Silver Level
Joined: 20 Sep 2009
Location: Trenton NC
Points: 127
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Posted: 29 Jun 2019 at 3:16pm |
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I am a retired Chiropractor and examined and treated this type injury many tires. The history you presented suggest a severe injury with probable neurological and surgical outcome with probable partial permanent impairment. You need to put this case in an attorney's hand pronto and expect at least 6 months before maximum improvement is achieved. (Don't call me for your expert witness!
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Life is what happens while you are making plans for the future
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Ted in NE-OH
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Joined: 12 Nov 2009
Location: Austinburg OH
Points: 1703
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Posted: 07 Jul 2019 at 6:00pm |
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Get a lawyer ASAP.
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CA, WD, C, 3 Bs, 2 Gs, WC, I-400, 914
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Brian Jasper co. Ia
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Joined: 11 Sep 2009
Location: Prairie City Ia
Points: 10508
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Posted: 08 Jul 2019 at 6:09pm |
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I have a cousin who is high up with Allied Insurance. He told me once that you are not in good hands with Allstate and Nationwide is not on your side. The adjuster's first job is to weasel out of the claim. If they can't get out of the claim, the next position is how low can we go and stay out of court. Absolutely retain an attorney that specializes in heavy truck accidents. The other guy's insurance is not going to pay out a penny more than they can get away with. Their interest is their bottom line, not doing right by you.
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"Any man who thinks he can be happy and prosperous by letting the government take care of him better take a closer look at the American Indian." Henry Ford
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m16ty
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Joined: 28 Jan 2011
Location: TN
Points: 1474
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Posted: 08 Jul 2019 at 10:23pm |
First thing you need to do is find out if the truck driver has insurance. If they don't, you may have a hard time finding a lawyer to take the case.
Do you have insurance coverage? I know with TN Farm Bureau, I could just turn it over to them and they would go after the other guy. This still doesn't mean you won't have to fight with your insurance company, but they should be a little more accommodating than going directly to the other guy's insurance.
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Unstyled
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Joined: 27 Nov 2017
Location: missouri
Points: 30
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Posted: 08 Jul 2019 at 10:43pm |
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as others have said get a lawyer, do not admit anything to the insurance company, do not sign anything with out lawyers knowledge. Do not be a "good guy" you will loose. Had a similar experience.
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farmboy520
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Joined: 22 Jun 2016
Location: Beason, IL
Points: 553
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Posted: 09 Jul 2019 at 6:52am |
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I agree with everyone else, the insurance companies are out to make money for themselves not pay it out to you. Get someone to get every penny you deserve.
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On the farm: Agco Allis 9695, 7060, 7010, R66, Farmall H, and Farmall F20 (Great Grandpa's)
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DougS
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Joined: 03 Nov 2011
Location: Iowa
Points: 2490
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Posted: 09 Jul 2019 at 7:19am |
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I've never yet seen where an insurance company paid full replacement value on any loss, unless there was a full replacement rider attached to the policy. The best I've ever done with a settlement was when I had a possible personal injury. Getting a lawyer is going to cost you 33% of the settlement, no matter how much or how little. If you're talking about a $15,000 loss here, expect to pay the lawyer $5,000. There goes any incentive to get a lawyer. Now if you're considering future medical claims or pain and suffering or loss of work time, a lawyer will be a good investment. If the adjuster is refusing to make any reasonable settlement with you, then you get a lawyer and take them to court and you go after them with everything you can. As said above, most adjusters know where that line is.
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jaybmiller
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Joined: 12 Sep 2009
Location: Greensville,Ont
Points: 24360
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Posted: 09 Jul 2019 at 7:32am |
Up here , 'they' have 7 years to deal with every claim, so the longer 'they' stall, you'll settle for pennies on the dollar. My CJ-5 tht was stolen ,'they' hauled to THEIR yard 70-80 MILES away. Firend was down that way, saw MY Jeep...missing tranny,xfer case and dirveshafts ! I still had the pink slip in my wallet. Had it been a helluva lot closer 'they' would have been charged or buried. Take LOTS of pictures, it's ALL in the details. If some oddball part is busted THAT could cost big $$$ to find ,let alone replace !
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3 D-14s,A-C forklift, B-112
Kubota BX23S lil' TOOT( The Other Orange Tractor)
Never burn your bridges, unless you can walk on water
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chaskaduo
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Joined: 26 Nov 2016
Location: Twin Cities
Points: 5200
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Posted: 09 Jul 2019 at 9:36am |
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It's a crying shame when they make insurance mandatory. It just eliminates fair competition and gives them a hand into your wallet.
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1938 B, 79 Dynamark 11/36 6spd, 95 Weed-Eater 16hp, 2010 Bolens 14hp
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DougS
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Joined: 03 Nov 2011
Location: Iowa
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Posted: 09 Jul 2019 at 10:22am |
chaskaduo wrote:
It's a crying shame when they make insurance mandatory. It just eliminates fair competition and gives them a hand into your wallet. |
Whatever it takes. It's usually not mandatory if you post a bond in with your state, if you can afford to do that. We did that with our vehicles when I worked in Oregon. The problem was that we couldn't drive those vehicles out of state. Other states did not recognize the bond posted in Oregon. I don't want any car that is within a mile of mine to not have insurance. If don't you put insurance on your machinery, the risk is on your shoulders.
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chaskaduo
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Posted: 09 Jul 2019 at 10:36am |
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This is true, I carry insurance also, I stack for better price. It seems when it went mandatory in our area, the price went up with most all of the companies.
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1938 B, 79 Dynamark 11/36 6spd, 95 Weed-Eater 16hp, 2010 Bolens 14hp
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allisrutledge
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Joined: 30 Mar 2010
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Posted: 09 Jul 2019 at 11:51am |
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Ed, how are you?
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Allis Chalmers still exist in my mind and barns
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Dave(inMA)
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Location: Grafton, MA
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Posted: 09 Jul 2019 at 1:14pm |
DougS wrote:
Getting a lawyer is going to cost you 33% of the settlement, no matter how much or how little. If you're talking about a $15,000 loss here, expect to pay the lawyer $5,000. There goes any incentive to get a lawyer.
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Maybe. That assumes that you know enough to get $15,000 out of the insurer w/o a lawyer. I am willing to pay experts for advice and to do work for me when I don't know what I'm doing. I'd at least consult with a reputable local attorney before doing anything. That should cost you little or nothing.
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WC, CA, D14, WD45
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DougS
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Location: Iowa
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Posted: 09 Jul 2019 at 1:26pm |
Dave(inMA) wrote:
DougS wrote:
Getting a lawyer is going to cost you 33% of the settlement, no matter how much or how little. If you're talking about a $15,000 loss here, expect to pay the lawyer $5,000. There goes any incentive to get a lawyer.
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Maybe. That assumes that you know enough to get $15,000 out of the insurer w/o a lawyer. I am willing to pay experts for advice and to do work for me when I don't know what I'm doing. I'd at least consult with a reputable local attorney before doing anything. That should cost you little or nothing. |
You mean knows enough on your own to get $10,000. That's what you'd end up getting after the lawyer gets his cut of the action. If you consult a lawyer and shoot straight with him he'll probably give you a good idea of what you would expect to collect. Personally I doubt it would be worthwhile to get a lawyer unless there is personal injury involved or the insurance company balks at paying anything. Yes Dave, I agree with consulting a lawyer, providing he's a lawyer who does no-cost 30 minute consultations.
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HoughMade
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Posted: 09 Jul 2019 at 1:38pm |
I agree with the advice given by several people here to get an attorney.
Maybe I can add a different perspective. I happen to be a lawyer in my 21st year of practice. I don't normally handle vehicle collisions, but I did when I was coming up. I usually handle more complex matters now, but the basic principles are the same.
It is true that insurance companies are going to try to settle the matter in an way advantageous to them, but that does not always mean a lowball offer. Since the recession, so for a little over 10 years now, a frequent strategy has been to avoid litigation on a claim because paying lawyers and them paying a claim is more expensive than "overpaying" a claim. This means that if they can avoid a lawsuit, they may settle favorably and they come out ahead. Just so you know, while some insurance companies have their own in-house attorneys, most still use attorneys in firms which mean they would be paying around $150/hr for this attorney to defend the claim. That adds up fast.
It may very well be that after getting a consultation from an attorney, he may suggest handling the claim on your own and if negotiations break down, he would get involved. In such a case, he would charge an hourly for the advice, but probably not a contingency (percentage) fee. However, I cannot advise you as to whether that would be a good idea or not. I am not licensed where you are...and you haven't paid me. Honestly, you wouldn't want to pay me.
Gather evidence of the value of your equipment. What you paid and have into it is a start, but what similar equipment (age, condition, etc.) is selling for is the probably the measure of damages. They probably have to pay for the value equipment at the time of the accident, not what it what you replace it for- and those can be different numbers. An older tractor that is recently rebuilt will be tough to get what you think it's worth if there are not similar comparables at the value you think it is.
Yes, they should pay for rental equipment. When I practice, someone who causes an accident is liable for the damages caused by the accident and this extends to damages necessary to affect "cover", that is money incurred to perform the tasks that you need to do, but you could not use your own tractor due to the accident.
The above advice to contact your insurer is spot on. If you have any type of insurance (liability or otherwise) on your equipment, report the accident to your insurer.
Good luck!
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1951 B
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Bob D. (La)
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Location: Louisiana
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Posted: 09 Jul 2019 at 3:00pm |
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Completely different situation from me. When I was given no choice of moving, I immediately went to a lawyer. He got me over 200,000 more than the original offer. I paid him 2500. That's what a good lawyer can do.
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When you find yourself in a hole,PUT DOWN THE SHOVEL!!!
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