Just thought everyone should know!

As I have mentioned before, on October 25 my car was backed into by an 18-wheeler. The truck drug my car about 2-3 feet before realizing he was running something over. I took the Driver's information and I made sure I followed up with the trucking companies insurance carrier. Upon following up with the Insurance carrier, they informed me that they no longer had a policy with R and L Carriers. I called R and L Carriers and they claimed to be self insured. After over thirty days of investigation I could not find a certificate for them. In order to be self-insured you must have a certificate with your state as well as being bonded in that state. They should have been bonded for $2,000,000.00. After all the investigation I turned in a claim to State Farm (my insurance carrier) under my Uninsured Motorists. State Farm followed up with R and L Carriers and was told two things: first, the trucking company said they offered me money already ($800.00 for $4,935.19 worth of damages, I do not consider that an offer). Second, they said they had a current certificate and would forward it to State Farm. State Farm then denied my claim. I argued with the gentleman at State Farm and told him I wanted to see this "certificate" and they agreed to send it to me. After looking over the document sent from R and L Carriers I noticed it was an umbrella policy with an actual insurance company that would only pay if they did damages in excess of 2million dollars (thus the bond should have been for 2 million). I sent that policy and all my current information to Ohio BMV for them to look over and they confirmed that R and L carriers was not certified or bonded in Ohio (the home state of that company) and that the document I forwared to them was usless without a certificate of self retention up to 2 million dollars. I forwarded this information back to State Farm and they reviewed it again. My car is now being fixed and paid for by State Farm under an uninsured motorist claim:

R and L Carriers Inc., Gator Frieghtways Inc., R and L Transfer Inc., and Greenwood Motor Lines Inc. ARE DRIVING ARE HIGHWAYS EVERYDAY, PUTTING OUR FAMILIES AT RISK WITH NO INSURANCE!

-G

See, its times like this when being a vigilante is a good thing. I'd steal 6,000 dollars worth from them somehow, then **** them over for something else.

- Ca$h

Cash, I think you are missing the point to my post. It is not about vigilantism, nor is it about getting even with these people. First it is about keeping people safe. I do not want anyone else to get hurt by this large company that is taking advantage of people. And second, it is about wanting what is fair and owed to a person.

But most of all there should be a public awarness of this menice to our roads. This should concern all the people that drive the roads of all 50 of the continental United States. What if one of those trucks killed a member of your family or worse several families from your neighborhood. And would not have the humanity nor the coverage for hospitol bills or at worst burrial.

-G

http://www.attorneygeneral.state.tn.us
This should be your next course of action. also, Small claims court since you found the home office of the company. If they don't show it's a default judgment AND you can request reemboursement for loss of use. that should get you to the limit for small claims

[subafan]

could there be a potential torts claim against them? that there is a duty for common carriers to have somewhat of insurance, and that it is against public policy to allow them from operating without? and if they know that they have no insurance and plans to... 'default' whenever accidents happens, wouldn't that be intentionally creating the situation where harm is foreseeable? could that be intentional torts??

argh... and finals start on tuesday for me....

[vkykam]

I'm unfamiliar with the state laws, but shouldn't the DMV be stepping in or something?

Reminds me of a sad story about 5 or 6 years ago here. Two blocks from where I live is the exit to a highway, a T intersection configuration. Well, some friggin dirt hauling trucking company decides their bottom line is more important than someone else's lives, so they totally ignore maintenance on the truck. Well, on one faithful day, the truck couldn't stop at the intersection because of faulty brakes, runs right through the intersection, and plows into the townhouse on the other side of the road. A lady in her 40's was in her basement washing her clothes, and that was the last thing she did on earth, as she was crushed into nothingness, leaving her mother and her child.

As it turns out, the trucking company has had a gazillion safety violations, and the owners were previously forced to shut down when the ministry pulled their licenses. They reincarnated into another company, and continued operation. The province took an unprecedented move and revoked the owner's licenses, and barred them from owning another transportation company permanently.

Since then, enforcement's been stepped up, and every summer, there's 5 or 6 blitzes for truck safety. Surprisingly, after 5 years of blitzes, almost 1/2 the trucks stopped STILL have safety violations.

/RANT MODE OFF

VK
1.3 cents.

You know, I guess I could follow this up with more paperwork and more time and a court case but I am happy knowing that my car will be fixed. I am sure that State Farm will bring them to court over this (the new company will be State Farm's R and L Carriers or just S and F Carriers for short).

I would rather someone with a business that uses R and L to stop using them because of their unethical practices.

-G

[ensteele]

The other point here is that the company that does not have insurance, just like uninsured individuals, are the cause of our insurance being so high. In the state of Washington, it is illegal to drive a car without insurance, but guess what, there are many many drivers without it, just like drivers without a drivers license. Many don't have one, or it has been suspended and they are still driving. These companies need to be reported to the proper authorities so something can be done about it.

[Uncamitzi]

Originally posted by $VX
See, its times like this when being a vigilante is a good thing. I'd steal 6,000 dollars worth from them somehow, then **** them over for something else.

- Ca$h

You went over the line with that one... You are now on my ignore list!!! You are the only one on it.... I haven't liked your childish negitive posts since I began reading them.... While I don't wish bad things on ANYBODY I wouldn't care if your car just quit working. I did a search on your posts... they are without a doubt the biggest waste of time on the internet!.... Grow up! or at least shut up until you have something positve to add.... Bye Bye...... .

Originally posted by ensteele93
The other point here is that the company that does not have insurance, just like uninsured individuals, are the cause of our insurance being so high. In the state of Washington, it is illegal to drive a car without insurance, but guess what, there are many many drivers without it, just like drivers without a drivers license. Many don't have one, or it has been suspended and they are still driving. These companies need to be reported to the proper authorities so something can be done about it.

I would love to follow up on this situation more, but to be truthful I do not have the money to go to court. In order for the Ohio BMV to file against them must have a judgement against the driver from the court at which the accident occured once there has been a judgement that judgement would have to be sent to a Larry Fish in Ohio and could then take measures. But since State Farm will have to raise all of our rates because of this company I will have to let them take the action to resolve this dilema. I just don't have the time or money to continue this battle!

-G

[subafan]

have you tried consulting with a lawyer? this could be a potential intentional case that could involve punitive damages... maybe there will be ballsy lawyers willing to take this on a contingency basis??

[ensteele]

Originally posted by $VX
See, its times like this when being a vigilante is a good thing. I'd steal 6,000 dollars worth from them somehow, then **** them over for something else.

- Ca$h

See, its times like this when having a vigilante locked up is a good thing. Stealing anything from anybody is not right, and we all suffer from that kind of behavior. I bothers me that someone can justify that kind of action just because it happens to them. It is the typical Me, Me, Me, Me mindset that too many people have now days which is hurting society in general.

Ignore list here I come!!

[Uncamitzi]

Originally posted by subafan
have you tried consulting with a lawyer? this could be a potential intentional case that could involve punitive damages... maybe there will be ballsy lawyers willing to take this on a contingency basis??

Not buying insurance then I doubt there will be much money left .... A Lawyer will only go after something on contingency if they think there's something to gain .... for them... not you. Ain't the Law great?

I say this from the point of a victim of a hit and run. I was told by the police that because he ran to another state ( Idaho) that they could only arrest him if he came back to Utah and broke the law....... My insurance company back then (Farmers) was no help at all. Because he was a known felon (by them, not our police department) for some reason or other my uninsured motorist clause excluded any coverage for me....??? That was ten years ago and I still can't figure the whole thing out....

[subafan]

maybe the law professinoals on the network can figure out the technicalities of that one...

on the contingency thingy, yeah i geuss it all comes down to if the lawyers think that the trucking company has a deep enough pocket for them to dive into... but that's just the nuances of our judicial system...

i would think that if a criminal complaint is filed after him, that the police would have jurisdiction to arrest him, or if a civil claim is filed and he's summoned but not appeared, then the court can hold him in contempt and send out arresting warrants.

not sure why insurance agency can't 'cooperate' with the police...

its kinda disappointing that the justice system seems to put the ones its supposed to protect, us, on the short end of the stick so often...

Being that I am a paralegal (not practicing) in Tennessee I decided to look through some of my old law books. I was reading about intentional torts and I see that Misrepresentation is included as an element of that tort. The misrepresentation would exsist from the fact they (the trucking company) said they were self insured. As I understand ignorance is not an excuse when it comes to the law. So, if the ignorance is discounted and they did say they were self insured then there would definatly be an intentional tort. But the real question would be if my lawyer would want to take this on?

And/also there is one other tort that stands out to me... Negligence! Negligence in tort law would be defined as the failure to exercise reasonable care to aviod injuring others. Case senerio: My injury would be to my personal property, and lack of insurance would be the exercise?

Any thoughts?

-G