QuestionQUESTION: My brother had a vehicle that was in need of being transported by trailer so he borrowed a trailer and enlisted the help of me and my vehicle.
While making the initial trip to get the vehicle i had picked up something in the road and had a flat and used my spare which was bald and originally low on air.
We got there and loaded his vehicle on the trailer and started the trip home.
Within the first few miles, i had a blowout from my spare causing me to wreck causing damage to my vehicle, the loaned trailer and my brother's vehicle.
All i carry is PLPD insurance and i need to know if the borrowed trailer and/or my brother's vehicle damage will be paid for by my insurance and if not, what insurance coverage should i have had for each to be covered.
ANSWER: Hi Dan,
I am not specificsally aware of Indiana insurance policies. There are many other questions her that would determine coverage. However I can generally say that sine you knew that the spare tire was bald and you proceded to tow a vehicle on the trailer anyway that this would show negligence on your part. As a result I would expect that your liability coverage should pay for the damage to the trailer as well as the vehicle you were towing.
The only way to know for sure would be to file a claim with your insurance company. If at any point they try to deny any portion of the claim, you should request a detailed explanation in writing.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: I have filed a claim after submitting my previous question and so far I have been told that they will have to review my policy contract before rendering a decision.
I totally agree that knowingly driving on a bald tire is negligent on my behalf making me responsible for damages.
Not that it matters, I failed to mention that the accident happened in Kentucky so I'm sure Kentucky laws would apply.......or would they?
My question now is.....if they initially deny my claim,is there an appelate process if I'm not happy with their decision or is that the end of the matter?
AnswerHi Dan,
Kentucky law does not matter in this case because you are dealling with your policy which is a contract.
I do believe that the trailer will be covered, just as a small uhaul trailer would be covered. The isse here is if they will cover your brothers vehicle. I do feel that they should but you will just have to wait to see how they respond.
As far as an appeal process, you would need to contact your state Insurance Commissioners Office to see if the State requires one. You can also ask your insurance company if they have one.
I hope this helps
Richard Hixenbaugh
