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View Full Version : Trucking Liability and Physical Damage Insurance Issue


hannahcwik
Aug 22, 2008, 09:23 AM
I am a Claims Specialist with a trucking firm. Recently, one of our drivers (owner/operator) was involved in a bad accident; the resulting fire completely destroyed the tractor, trailer, and cargo.

The clean up bill totaled $32,000.

Our insurance company said this part of the claim would fall under Physical Damage, and we do not have Physical Damage coverage. Please note that we're not seeking to be compensated for the trailer loss, JUST THE ACCIDENT CLEAN-UP for the wreck recovery company.

Our Cargo insurance paid $5,000 toward the clean-up, which is the maximum allowed under the policy.

I've looked at our Liability coverage, and did not see anything there relating to accident recovery/salvage, but was wondering if this could possibly be covered under our Liability insurance?

Also, the Owner/Operator's Liability insurance paid out $3,000 toward the clean-up efforts, but sent this money directly to the driver, not the wreck recovery company. The driver subsequently cashed the check. Is there anything I can do to get this money to the wreck recovery company (without having to sue)?

I called our broker, who basically said they cannot help me, and that I'm on my own with this one. Help? :confused:

twinkiedooter
Aug 23, 2008, 01:16 PM
You need to recover the money sent to the O/O for the clean up. You might have to take him to small claims court to do this. In the meantime, make whatever changes you have to to your existing insurance coverage so this scenerio won't come up again. Am surprised you don't have this type of additional coverage as ANY cleanup can be extremely expensive. And if the cleanup involved some kind of chemicals or hazardous materials then the cash register gets racked up very easily. Cargo of any kind can catch on fire unless it is canned goods. You should have this extra insurance for any kind of cargo your company hauls. Relying on the O/O's is not enough as they are running under your company's name.