My truck got damaged at yard by another scrapper unloading

**ScrapBilly** · 09-26-2013, 06:18 AM

Hello All Ever happen to you?
I pulled up to the pile a big dump truck (like the size used by state for Salt spreading or asphalt hauling) was there before me. I backed about 20 feet away parked parallel to this truck, He had not begun to dump yet. I started to unload about 3 min later he dumped his load of 16 in ductile Iron pipes and one 16 foot long one rolled and hit my door and rocker panel. Had an estimate done about 900 dollars worth of damage. My Truck not worth much more on market but to me it is.
I didn't freak. I know the construction this company owned dump trucks are there all the time , I am there all the time , and a yard employee saw it happen.
Driver said he's sorry told me to call his office, I did later that day, of course they didn't know about it yet.
Manager there wasn't sure if was even their fault and said I should claim with the yard.
Yard says no not there fault. I feel Dump owner should just give me a check and I will be on my way.
who's responsibility in the yard is liable? Yard talked to the company as well and told them to wok it out with me.
hope it doesn't get ugly but I just want to be prepared. Construction company said to give them a couple of days to get all the facts and "make a decision"
Thanks,
Billy

**BurlyGuys** · 09-26-2013, 06:25 AM

Just make a claim against the dumping company's insurance. Yard has signs saying not responsible for damage, but any company is liable for the actions of their employees no matter what they "decide."

**KzScrapper** · 09-26-2013, 06:26 AM

Sorry that happened Billy...I've been lucky so far but it seems it's not a matter of if but when, damage will happen from others at the yard. A pic of the damage and the pipe laying there would be helpful.

**ScrapBilly** · 09-26-2013, 06:35 AM

Thanks Burly and KZ

**PartTimeScrapper** · 09-26-2013, 08:28 AM

Yea the driver of the truck is the responsible one. All you would have to do is take him to small claims court. The company insurance he works for would then cover it. I hope you got his info.

**foobar** · 09-26-2013, 08:41 AM

I agree the driver of the vehicle is at fault. It was his vehicle, and he was unloading. It might have been different if the scrapyard was unloading. I'd get information about the yard employee who witnessed this quick, in case there does need to be a claim filed.

My thought is for $900, the construction company would be better off to pay for this out of pocket and keep insurance out of the picture - that will just raise the rates of their policy. Hopefully they're smart enough about this. Doesn't mean they'll be eager to pay - stay on them and don't take the run-around.

**volvoscrapper** · 09-26-2013, 04:53 PM

this won't be a popular addition but here goes: It will be a piece of cake if you have a police report. Attach a copy of that to your claim and you will get very few questions from the responsible party's insurance company. If you don't have a police report, you may get compensation, but you'll be fighting an uphill battle.

It's just like any other vehicular accident: Get a police report.

If the other party is unresponsive, take down their license plate number, get the police report, give it all to your insurance company and let them fight the battle for you.

**Sal** · 09-26-2013, 05:14 PM

Did it happen on private property?

**Mechanic688** · 09-26-2013, 05:16 PM

Originally Posted by Sal

Did it happen on private property?

Most scrap yards are considered private property.

**Patriot76** · 09-26-2013, 05:29 PM

I agree with Volvoscrapper to get a police report and report it to your insurance company. I would also suggest getting a written statement from the witness, if the police do not file a report. If your insurance drags its feet and the construction company is unresponsive then turn it over to your states insurance regulatory agency, I do not know what it is called in your state. Do not tell the companies you will file a report because it gives them time to prepare their case. The regulatory commission will launch an investigation and the contractor nor their insurance company wants to deal with such a situation. Your insurance company will also show a great deal more interest.

I also question the scrap yards involvement. Do they let multiple individuals unload at the same time, in the same area? If so, they be creating a much bigger liability issue than a damaged truck. In my yards, only one person is allowed to unload at a time in each area. It takes more time, but that way I only have to worry about my accidents, not those of everyone around me.

**ScrapBilly** · 09-26-2013, 09:37 PM

Yes it was on private property , yes yard let's as many trucks unload at the same time . workers never or rarely help unload .
I agree in their best interest to pay me for their driver caused damaged
I will keep you all posted suppose to go see them tomorrow
Billy

**Bear** · 09-26-2013, 10:05 PM

The time to take care of most of your questions is at the scene, at the time of the accident. Acquire the other drivers license, plate, and insurance policy numbers, and give him yours.
If he is reluctant, or leaves the scene before providing you with his information, then report a hit and run (even though his vehicle didn't actually hit yours, material falling from his vehicle did)
Most police departments do not visit the scene of a "fender bender" to write a report(unless you're in a small town, and your buddy is a cop ; )
If you'll pull your insurance verification card out and look on the back, you'll likely see these things there, along with their 24 hour accident report number

It is always a good idea to get photos first, before you move, before they move, right there-right then, plenty of photos

good luck

edit: private property is of no concern if the property is open to the public

**taterjuice** · 09-27-2013, 12:23 AM

A self unloading yard ? Already enough to make me find a different yard before a 1000$ worth of damage was done to my rig

**Mechanic688** · 09-27-2013, 12:57 AM

Originally Posted by taterjuice

A self unloading yard ? Already enough to make me find a different yard before a 1000$ worth of damage was done to my rig

Kind of the same as the yard I frequent, the crane man is overseeing where we dump, but no help unless you ask.
Now if I come in with a couple of refrigerators then he'll swing the crane around and pluck them out of the back of the truck for me so I don't have to throw them off.
Usually they only run two trucks unloading at a time, that way after a couple, he takes the crane and magnet and picks up a bunch out of the unloading area.

**taterjuice** · 09-27-2013, 03:48 PM

Refers ? I bet his does jump at that ! But seriously I load scrap I don't unload it !

**jord0690** · 09-27-2013, 04:53 PM

Originally Posted by volvoscrapper

this won't be a popular addition but here goes: It will be a piece of cake if you have a police report. Attach a copy of that to your claim and you will get very few questions from the responsible party's insurance company. If you don't have a police report, you may get compensation, but you'll be fighting an uphill battle.

It's just like any other vehicular accident: Get a police report.

If the other party is unresponsive, take down their license plate number, get the police report, give it all to your insurance company and let them fight the battle for you.

My dad hit a snowmobile in my truck, they cut out infront of him coming out of a trail and they where at fault. Said so on the police report. He made a statement saying he was at fault. And got charged. Well long story short they got the charges dropped and are sueing my dad now, and the insurance company and court says police reports are of no use as evidence against them (guy and girl on the sled.) so IMO police reports are useless once they enter the courts. Up here anyways. And im being 100% serious the police report is useless in helping us win the case. Void. So Police reports arent always helpful.

Oh ya and the other bit of BS, had the damage to my truck been on the passanger side, instead of the drivers side, my father would have been less at fault.(hes already not at fault whatsoever but everyone seems to think he is) Figure that one out. Oh ya and this happened winter 2011. Still ongoing. Good luck with your situation. I hope it goes better than ours is going!!

**Mechanic688** · 09-27-2013, 08:35 PM

Originally Posted by taterjuice

Refers ? I bet his does jump at that ! But seriously I load scrap I don't unload it !

Sorry, I didn't realize that you didn't know what that was, it's even a truckers term for the refrigerated units on the front of the semi trailer. They called them that long before maryjane got popular.

**taterjuice** · 09-27-2013, 11:20 PM

I know what your were getting at was just enjoying a play on words

**Phantoms001** · 09-28-2013, 08:43 AM

Originally Posted by jord0690

Well long story short they got the charges dropped and are sueing my dad now, and the insurance company and court says police reports are of no use as evidence against them (guy and girl on the sled.) so IMO police reports are useless once they enter the courts. Up here anyways. And im being 100% serious the police report is useless in helping us win the case. Void. So Police reports arent always helpful.

I think that would be right. The police report is just that, a report. The officer can't testify to what happened because he didn't see what happened. This is where as other people suggested, getting a witness statement is very valuable.

**ScrapBilly** · 10-12-2013, 08:47 AM

Hey ALL thanks for all the advice I think we all should take notes as it could/will happen again.
the company decided to go with their insurance company. After a string of phone calls and getting statements from all parties involved, and them sending their own appraiser, the insurance company for the dumping truck will be sending me a check for the damages. Not quite the amount I had estimated but the check is "in the mail" they said late yesterday. It could of gone worse
here are some of the points maybe I should of done, we should do:
-police report
-pictures of situation at the time. ( insurance people had a hard time conceptualizing the scrap metal dumping/unloading process)
maybe an actual video of the situation would of been good like the driver saying sorry "I did that" ( I had my iphone but just didn't make that leap at the time)
-full names of all involved and contact and insurance info
-estimate from 3 or more body shops
-keep on it don't let it rest, I literally called the insurance company sometimes 3 times a day. "to check progress" dumping company was stalling their statement.
-be careful in the yard don't get into this situation it was just the truck..... next time could be personal injury no one needs to be laid up.
keep on Scrapping !!!!
Billy

My truck got damaged at yard by another scrapper unloading

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