Notices

Towing overweight

Old 02-03-2013, 12:00 PM
  #1  
Senior Member
Thread Starter
 
Join Date: Aug 2011
Location: Kingston, MA
Posts: 1,830
Default Towing overweight

There are always comments in threads regarding towing overweight and how insurance will not cover you if found towing over weight an in an accident. How does everyone come to this conclusion? When it comes to an at fault accident, negligence is negligence, whether it were caused by driving under the influence of drugs/alcohol, speeding, or I would think towing overweight.

I am by no means trying to justify towing overweight, just wonderig where the idea that your insurance company will not cover a claim comes from.
burtonboards32 is online now  
Old 02-03-2013, 12:33 PM
  #2  
Admirals Club Admiral's Club Member
 
Join Date: Oct 2009
Location: babylon
Posts: 738
Default

Insurance covers all kinds stupidity. I really cant see how an accident while towing with too small of a tow vehicle wouldn't fall into the stupid category and be a covered event. not that its recommended,, but i cant see how your not covered..
Island-Marine is offline  
Old 02-03-2013, 01:01 PM
  #3  
Senior Member
 
Join Date: Jun 2008
Location: Buford Ga Destin Florida
Posts: 424
Default

i dont know why a person would want to go over their gvwr anyhow .Ive seen cars pull a 25 ft boat down the rd .Its not right but they do anyhow .put a hitch on a car and they think they can pull like a truck .They just dont think about the stopping .car brakes arent made for towing .But folks do stupid things .Ins is Ins not matter what happens i would think.
stev is offline  
Old 02-03-2013, 01:09 PM
  #4  
Admirals Club Admiral's Club Member
 
Join Date: Nov 2010
Location: norton ma.
Posts: 1,315
Default

Maybe you did not know you were over , did you load with a scale ? Lack of a scale gives a margin of era . Usually no accident no crime .
t4000 is offline  
Old 02-06-2013, 12:28 AM
  #5  
Senior Member
 
Join Date: Dec 2007
Location: Mississippi Gulf Coast
Posts: 391
Default

I use to sell insurance for State Farm. We had a insured that had an accident while towing. The truck was overloaded beyond the stated capacity. The trail lawyer for the injured party was able thru research and interviews. Establish that our insured both knowingly and willfully exceeded his trucks capacity. Long story short. State Farm denied his claim. I'm not saying they were right for doing that but they had just cause presented to them during the trial.

One thing I have learned in my many professions. How will it sound when you have to explain yourself in court or on an accident report. Will it sound better to say i had taken every precaution or that i cut a few corners. That has thus far kept me out of trouble.
B757 is offline  
Old 02-06-2013, 03:42 AM
  #6  
Senior Member
 
Join Date: Jan 2007
Location: Albemarle Sound Management Area
Posts: 6,217
Default

Denied his claim for what exactly?
Crabpot Man is offline  
Old 02-06-2013, 05:31 AM
  #7  
Senior MemberCaptains Club Member
 
Join Date: Sep 2004
Location: South Florida
Posts: 3,454
Default

No you don't want to be towing overweight since very bad things can happen. And no you don't want to be in the position of having to sue your own insurance company to get them to pay off a claim....

If and when something bad happens and it all winds up in court... anyone foolish enough to be outside reasonable safety standards will be standing naked in a hurricane... Doesn't sound like much fun to me.

In addition.. some states have what's called "comparative negligence" as their legal standard in civil actions. You'll want you lawyer to explain it to you. The way I learned about it was in a line of work that meant you were going to be the target of lawyers if you ever did something questionable. In essence (if I've got it right) that sort of standard means that nothing is 100% on either side.... If you were not the cause of the accident but were still clearly over loaded then you've bought into some of the responsibility for whatever occurred. Lawyers love this stuff... me, I'd rather not go to that particular party...
lemaymiami is offline  
Old 02-06-2013, 06:04 AM
  #8  
Member
 
Join Date: Jan 2013
Posts: 59
Default

But what if your not so clearly over loaded? For example I have an old truck, old trailer, and old boat. I've not been able to find towing capacities for my truck (though I'm sure I'm well under, it's a 1 ton) the trailer has no paper work or stated capacities other than the load rating on the tires, and I have a manufactures estimated weight for the boat. IMO That leaves a whole lot of gray area.
The_Cap is offline  
Old 02-06-2013, 06:23 AM
  #9  
Senior Member
 
Join Date: Sep 2008
Location: NE CT
Posts: 1,108
Default

Make a run thru CT. The DOT boys routinely pull loads over and do checks on all types of things like GVWR,GCWR on non-badged rigs. Not just boats but also EQ loads. They break out the scales and if they find something the fines can run into 4 figures. Then the owner gets to offload before it can be operated on the road again. And to complete the 'trifecta' wait until your insurance renewal comes due.
frugal boater is offline  
Old 02-06-2013, 08:18 AM
  #10  
Senior Member
 
Join Date: Dec 2007
Location: Mississippi Gulf Coast
Posts: 391
Default

Originally Posted by Crabpot Man View Post
Denied his claim for what exactly?
I though I made it clear when I said he knowingly and willfully exceeded the tow capacity for his vehicle. Insurance will pay for mistakes and stupidity. They will not pay for intentional bad behavior. In this case the injured party proved that it was willful and intentional. Again I'm not saying it was right that no coverage was provided. Just trying to shed some light on this subject. Insurance is not absolute. There are many ways to be excluded from coverage. Some examples are:

1) burn your own house down intentionally. No check for you!

2) drive your car off into the water intentionally at the boat ramp. No check for you!

3) life insurance has an exclusion for suscide during the first year. Kill yourself during that time intentionally. No check for you!

The above examples are not absolute. In each case an investigation would have to occur to prove that it was intentional. In most cases that does not happen or it is just too hard to prove. Cheaper to just pay out then spend time and money to prove otherwise. That is why there is so much insurance fraud. Insurance companies are an easy mark. In the case with the overloaded truck. The injured party spent their time and money to prove negligence. State Farm just jumped on the band wagon at that point to deny coverage. Again not saying it is right or wrong. Just wouldn't want to put myself in that situation if I could avoid it.
B757 is offline  
Old 02-06-2013, 08:45 AM
  #11  
Senior Member
 
Join Date: Sep 2008
Location: Lafayette, La.
Posts: 3,913
Default

B757,
I'm unclear about what happened in the case you mentioned. Is the injured party the one driving the overloaded truck or a person injured by that truck?
Mike
beenie is offline  
Old 02-06-2013, 08:55 AM
  #12  
Senior Member
 
Join Date: Dec 2007
Location: Mississippi Gulf Coast
Posts: 391
Default

The injured party was hit by the overweight truck. Sorry for the confusion.
B757 is offline  
Old 02-06-2013, 08:59 AM
  #13  
Senior Member
 
Join Date: Jan 2008
Location: New Smyrna Beach
Posts: 2,511
Default

I am almost sure that a policy states that the insured is not covered for any illegal act, and the you represent and warrant that you will abide by any and all laws. The insurance policy is not to cover anybody for illegal acts, right? Think about it.
BottomPicker is offline  
Old 02-06-2013, 09:23 AM
  #14  
Senior Member
Thread Starter
 
Join Date: Aug 2011
Location: Kingston, MA
Posts: 1,830
Default

Originally Posted by BottomPicker View Post
I am almost sure that a policy states that the insured is not covered for any illegal act, and the you represent and warrant that you will abide by any and all laws. The insurance policy is not to cover anybody for illegal acts, right? Think about it.
How often do people get into accidents while driving under the influence of drugs and/or alcohol? Insurance covers the damage from that illegal act, no?
burtonboards32 is online now  
Old 02-06-2013, 09:25 AM
  #15  
Senior Member
 
Join Date: Dec 2007
Location: Mississippi Gulf Coast
Posts: 391
Default

Originally Posted by BottomPicker View Post
I am almost sure that a policy states that the insured is not covered for any illegal act, and the you represent and warrant that you will abide by any and all laws. The insurance policy is not to cover anybody for illegal acts, right? Think about it.
I think you hit the nail squarely on the head.
B757 is offline  
Old 02-06-2013, 09:58 AM
  #16  
Admirals Club Admiral's Club Member
 
Join Date: Feb 2009
Posts: 662
Default

Originally Posted by B757 View Post
I though I made it clear when I said he knowingly and willfully exceeded the tow capacity for his vehicle. Insurance will pay for mistakes and stupidity. They will not pay for intentional bad behavior. In this case the injured party proved that it was willful and intentional. Again I'm not saying it was right that no coverage was provided. Just trying to shed some light on this subject. Insurance is not absolute. There are many ways to be excluded from coverage. Some examples are:

1) burn your own house down intentionally. No check for you!

2) drive your car off into the water intentionally at the boat ramp. No check for you!

3) life insurance has an exclusion for suscide during the first year. Kill yourself during that time intentionally. No check for you!

The above examples are not absolute. In each case an investigation would have to occur to prove that it was intentional. In most cases that does not happen or it is just too hard to prove. Cheaper to just pay out then spend time and money to prove otherwise. That is why there is so much insurance fraud. Insurance companies are an easy mark. In the case with the overloaded truck. The injured party spent their time and money to prove negligence. State Farm just jumped on the band wagon at that point to deny coverage. Again not saying it is right or wrong. Just wouldn't want to put myself in that situation if I could avoid it.
Sorry, no CPCU for you. You are correct in that insurance doesn't pay you for intentional acts that directly result in damage to your own property.


But, in this case, the driver didn't intentionally hit the pedestrian. It was an accident and is covered. Knowingly towing more than your truck is covered for is not cool, but it won't prevent you from collecting even for your own truck since you didn't intentionally cause the damage. Otherwise, anyone who knowingly exceeded the speed limit would not have coverage if they wrecked and we know they do.
Miss Sadie is offline  
Old 02-06-2013, 10:51 AM
  #17  
Senior Member
 
Join Date: Jan 2007
Location: Albemarle Sound Management Area
Posts: 6,217
Default

Originally Posted by Miss Sadie View Post
Sorry, no CPCU for you. You are correct in that insurance doesn't pay you for intentional acts that directly result in damage to your own property.


But, in this case, the driver didn't intentionally hit the pedestrian. It was an accident and is covered. Knowingly towing more than your truck is covered for is not cool, but it won't prevent you from collecting even for your own truck since you didn't intentionally cause the damage. Otherwise, anyone who knowingly exceeded the speed limit would not have coverage if they wrecked and we know they do.
Crabpot Man is offline  
Old 02-06-2013, 11:00 AM
  #18  
Senior Member
 
Join Date: Dec 2007
Location: Mississippi Gulf Coast
Posts: 391
Default

Originally Posted by Miss Sadie View Post
Sorry, no CPCU for you. You are correct in that insurance doesn't pay you for intentional acts that directly result in damage to your own property.


But, in this case, the driver didn't intentionally hit the pedestrian. It was an accident and is covered. Knowingly towing more than your truck is covered for is not cool, but it won't prevent you from collecting even for your own truck since you didn't intentionally cause the damage. Otherwise, anyone who knowingly exceeded the speed limit would not have coverage if they wrecked and we know they do.
Capt Ed

I was not privileged to all the court proceeding but the insured was denied coverage. Maybe I am speaking out of turn by even trying to relate this case with what the OP original question was. There obviously are some details missing and the case was complex. Thus the reason it went to trial. I probably shouldn't have brought it up since I did not know all the details. I just thought it was interesting that no money was ever paid out on this claim.

All this being said I personally would not knowingly tow over weight and put other people's lives in danger. I already make enough mistakes in life. Don't need to add to list. Thanks for your opinion.
B757 is offline  
Old 02-06-2013, 01:46 PM
  #19  
Senior Member
 
Join Date: Mar 2011
Posts: 2,911
Default Could be ?

The truck driver was abused ? by his insurance company ?

" See if he accepts nothing. Since he was wrong for being overloaded. Maybe we can not have to payout his damages. "

We know it was a accident. Or did he delibertly aim & smash the other car ?

State Farm has lost people for that attitude.

Pay the priemiums. Good by.
cyclops2 is offline  
Old 02-06-2013, 04:55 PM
  #20  
Admirals Club Admiral's Club Member
 
Join Date: Nov 2007
Location: Long Island, NY
Posts: 8,335
Default

By law in most states, the insurer has to pay for all liability claims - the claims brought by others for any accident involving an insured vehicle, unless it is in furtherance of a criminal felonious act - towing overweight, even if the vehicle operator knows he is doing so is not criminal and will not void liability coverage. What the insurer can, and often does do, is decline to pay the property damage claim for the insured vehicle involved in the accident that is over and above the loan amount (which they also must pay) if the vehicle is knowingly used improperly: towing above the GVWR, offroading and non-offroad rated vehicle, putting 6,000 lbs in a pick-up rated for 2,000 lbs, etc.
LI32 is offline  

Thread Tools
Search this Thread