Baby's in the Hospital (See how nervous I got?)

[Mike Wilson]

Goin' to work last Thursday, rounding a blind curve (many of those on the road I drive),

some idgit decided to set two big green city garbage cans full of busted-up ceramic floor

tile about two millimeters from the traffic lane. Guy in front of me plows it at 55 m.p.h.

Either that, or oncoming traffic! Can and all 9,567,483 1/2 pieces go flying into the air.

Got lucky though, because I think only several hundred thousand hit the Trac, or that's

what it seemed like, anyway. Long story short, hood refinish, new windshield, moulding,

cowl cover (scratched all to he##), and some elbow grease. Good thing, no deductible, no

increase in premium! Called it a Road Hazard Accident.

And wouldn't you know, she just had the first good in-n-out detail last weekend since

November!!!!!!! Wasn't meant to be....[Broken External Image]:

 

[CountyMounty]

Wouldn't either the guy who hit it in the first place insurance cover the cost or the city if the placement was in a bad spot. Why did your insurance have to pay for it.

 

[Mike Wilson]

State Trooper I talked to (it was a rural stretch of the road) said that once you

set your trash out at the road, it is no longer your property or responsibility.

Unless you can prove willful neglect or intent. The old man was like ninety years

old that lived there, and the Trooper was suprised that he didn't have a heart attack

just luggin' it to the curb! Guy in front of me was doing the speed limit (55) and

it was in a blind curve. Old man was sorry, guy in front of me's S-10 truck was

tore all to shinola on the right front. (Imagine a 48 or 50? Gallon trash can full of

3/8 inch thick ceramic floor tile!!!) The old man must be usin' a Bowflex or somethin'!

Insurance paid, no hit on my premium, all is well. That is if I get the Trac back without

urethane all over the dash!:unsure::wacko:

 

[CountyMounty]

I misinterpreted your post to mean that it was the cities garbage, like the city public works was doing a construction project of some sort and had set the cans there while working. I was also picturing the cans to be like dumpsters since we have a lot of big green bins at the local businesses here. Anyway rereading it now I see what you said. While it is true that once you set your trash out it is no longer your property per se but I would think you would still have responsibility. Also the trash cans themselves are certainly still the owners property. I'd be intersted to see what the Trooper put in his report as to the cause of the accident. I couldn't imagine it being a "no fault" accident. Either the cans were in or too close to the travel way or the guy driving the truck in frong of you was not in the roadway. Im surprised that your insurance company just decided to pay it without seeking compensation from one of the other guys. Anyway the important thing is that it didn't cost you anything. Hope it comes back looking as before.

 

[Nelson Atwell]

Actually, in most cities, the big trash cans are the property of the city or the contractor that picks up the trash for them. This is because the cans have to be a standard size so that the mechanical arms can lift them to dump the trash into the truck. Hardly any city has the old metal cans and sanitation workers that get out of the truck anymore.

 

[CountyMounty]

Yes I can see that the cans would be the property of the city or contractor in this case, but the responsibility of placement would be that of the person who put them there. I just still have a problem with his insurance company paying for it. Not that the insurance company doesn't have the money to spend but what if they were going to raise the premium because of the claim then he would have to pay for someone elses mistake.



I have seen many insurance companies fight vigorously over fault in accidents that I have covered that did not seem nearly as clear cut as this one. Just yesterday I had a message from an insurance company trying to fight a claim where one party crossed the center line causing an accident. They are fighting it because they say the other party was speeding. My report states that it appeared that their customer crossed the center line. Their customer claims that the other party was speeding. I said the other car could have been going 100mph if your customer had stayed on his side of the road the accident would not have happened. They were still going to fight with the other insurance company to work out a deal.



There are still plenty of the large metal dumpsters around here for businesses and all households use whatever cans they buy at the hardware store or Walmart most plastic but some round metal ones. The trash trucks dump the large dumpsters using the lift but for household they have to throw the trash in.

 

[Guru Guy]

9.25% Tax?