May need Legal Help in Fl.
 

Two weeks ago I contacted a transport company in Sarasota to pick up my boat at the Nor-Tech factory and start heading north to get it out of the path of Wilma. I started heading south with my own truck and had agreed to meet the transporter on the road and pay him for the distance he traveled. The transporter agreed to that arrangement, and said he was giving it to one of his guys and here is his cell phone number. Twenty minutes after he picked up the boat he was involved in an accident on I-75. Without going into all the details of the accident, the bottom line is is that the guy is running around hauling boats of all values with a personal auto policy. That does not cover hauling for hire :mad: He feels that I shouldn't be concerned because he feels the accident was the other guys fault and his company should be responsible for my loss. Unfortunately the other drivers insurance company doesn't feel their driver is at fault. Bottom line is... nobody will pay for my damages. To further complicate the matter.... the person who was hauling the boat doesn't even work for the transport company I called. He subbed the job out. I think all of the parties here share some of the blame and all everyone wants to do is pass the buck. The boat was ok with the exception of one scratch and a mark that buffed out, but my trailer was a total loss. $13,600.00 six month old Myco. Who can help me??? What should I do??? And will the end result be worth the aggravation??? Looking forward to everyones thoughts. P.S. Liability means nothing....Cargo Coverage is what to be concerned with when you hire a transporter. Get a copy of their declarations page before they touch your boat!!!!

Re: May need Legal Help in Fl.
 

Were any tickets issued Chuck?

Re: May need Legal Help in Fl.
 

Tickets were issued to "the other driver" . I only know of leaving the scene of an accident. There was no contact between the 2 vehicles. The transporter was driving down the shoulder because of a previous accident had traffic stopped. The other driver pulled out of stopped traffic onto the shoulder and into the path of the transporter. He only pulled out for the sole purpose of shooting up the line of stopped cars. The transporter then proceeded to make an evasive move and the trailer jackknifed.

Re: May need Legal Help in Fl.
 

Well It aint the other guys fualt. If there was no cantact and you hualer was the one to the rear it is defenitly his fualt. Last time I checke dit is illegal fo either of them to operate a vehicle in the emergency lane, what the hell kinda speed was your guy doing in the emergency lane that cuased him to jacknife?

Re: May need Legal Help in Fl.
 

sounds like the blame game is gonna take a while. Im not a lawyer but, Ultimatley, the person trailering your boat is (should be) resposible for the load so id go after him legally and if he wants, he can go after the other driver.
My boat was also at the nortech factory and came through without a scratch.

Re: May need Legal Help in Fl.
 

I would say that the company you contracted with is responsible. Regardless of whether the subbed it or not. It was their responsibility to make sure the sub driver was insured and licensed if they really subbed it out.

Who did you pay?

They may have a bond with the state if they are a state licensed hauler.

Good luck

Re: May need Legal Help in Fl.
 

I would have to go "Angry Italian" on that A-Hole :D I hope it woks out for you.

Re: May need Legal Help in Fl.
 

He crested a hill and traffic was at a dead stop in all lanes. He moved to the shoulder to avoid the other cars and was braking when the other driver pulled out in front of him.

Re: May need Legal Help in Fl.
 

thanks

Re: May need Legal Help in Fl.
 

I agree, but his whining like a little biotch.

Re: May need Legal Help in Fl.
 

I wrote a check to the guy who was hauling the boat, but I stopped payment on the check when his insurace company informed me that he was not insured to be running a business on a personal policy.

Re: May need Legal Help in Fl.
 

I agree, the other guy ins't involved from your perspective. However, if you contracted with the hauler, I'd think he's on the hook regardless of what or who he subed out too. I'm sure he can't operate without being bonded and or insured.

As long as you can tie you and the transport company together. Forget the driver, it's the transport companies respionsibilty if you contracted with him.

Just a guess though. Hope it works out. If not, what about your insurance? It should cover unless your policy has a clause like so many do, that it's not covered when someone else is towing it outside of X miles. I think my old policy said over 250 miles from "home" (where it's insured from) and it was mine if someone else was towing.

Re: May need Legal Help in Fl.
 

Your contract is with who you originally hired/called.

Sounds like a lot of legaleeze may have to be sifted through to get to the bottom of this one.

Good luck.

Re: May need Legal Help in Fl.
 

Chuck I have been in the commercial truck business for 15 years. You need to go after the primary guy you hired. It is his responsibility to make sure that any sub hauler he uses has the proper insurance. Get me the haulers ICC or DOT number and I can run a web site on him and tell you his insurance company without his permission. The problem today is that everyone thinks it is so easy to haul boats and they go out and buy a one ton truck and right away they are a professional boat hauler. When you see guys willing to haul your boat for less than 2.00 per mile with todays insurance and fuel cost think twice. Remember you get what you pay for. And when you let a friend haul your boat because you don't want to pay a profesional company to do the job, everything is fine until they have a problem. If the boat is being hauled for hire you need the proper insurance or the insurance company will deny the claim. Is your boat worth that risk? If you ask most boat haulers for their ICC number, most of them will look at you like you are from outer space. Yet that number is more important than a DOT number. ICC means that you can haul freight across state lines for money. Most guy with the pick up trucks think that they don't need the number because they are in a small truck. If a DOT inspector pulls them over and finds out that they are hauling for profit and do not have the proper papers the boat and trailer can be impounded until a legal company comes and picks it up. Alot of boat haulers are getting away with it but it is a very grey area. There is a government website called SAFER that you can go on for free. You input someones ICC or DOT number on it and it will pull up the companies insurance history plus and government actions against it. Also it will inform you as to wether the companies insurance is up to date and what limits it carries. If you have any questions please feel free to email me at ***********@aol.com and I will try to help everyone.

Re: May need Legal Help in Fl.
 

Please tell us you have a written contract.

Re: May need Legal Help in Fl.
 

That should make him feel better! :eek:

Re: May need Legal Help in Fl.
 

Also so everyone know, the truck company does not need to have a bond of any kind unless they are also a truck broker of loads or boats. If they haul it on their own trucks or use a subhauler there is no bond needed

Re: May need Legal Help in Fl.
 

always get a copy of the haulers insurance, very few carry over 250k coverage. You will spend more than $13,600.00 in attorney fees trying to get this settled, don't throw good money after bad.

Re: May need Legal Help in Fl.
 

The guy I called originally is unwwilling to give me any info at this point. He does do some work for boat companies in Florida, and I will try to get that info. Thank you for your help and advice.

Re: May need Legal Help in Fl.
 

No, I was in such a hurry to get on the road and get the boat out of there, the whole deal took about 5 minutes on the phone. I figure I will at least have the cell phone records if I go to court.

Re: May need Legal Help in Fl.
 

This is what I'm afraid of!!!! :mad: In Florida would I be entitled to my expenses if I win?????

Re: May need Legal Help in Fl.
 

Unfortunately probably not. I learned the hard way that in order for your legal expenses to be covered, that has to be specifically written in the contract. And since you did it verbally over the phone you are probably SOL on that one. Sorry......

Re: May need Legal Help in Fl.
 

Contact the Hauler that you made the deal with. He may have subcontracted it out but your deal was with him. When he blows you off which he will, Contact the DOT and the State and and start with the people he answers to. That will get his attention. You will need all his info that you can gather but you have a shot at really screw up his day,week,month,year.
VeeCat

Re: May need Legal Help in Fl.
 

Once you get his ICC or DOT number we can go to work on him. First thing we will do is go on the SAFER web site and look up his whole history and insurance info. After you contact his insurance company then you will call the Florida DOT and let them know he is running for hire without the proper insurance on a subhauler. They will call him and make an appointment to see him. The will do a DOT inspection on his business and if he is using people to haul for him that are not legal they will fine hime and give him 30 days to comply. after that they will pull his authority to truck. Same with the Government DOT. they will also come down on him. You really need that ICC or DOT number. That is like his social security number for the business.

Re: May need Legal Help in Fl.
 

http://www.safersys.org/

this is the website for the government to see if they are legal.

Re: May need Legal Help in Fl.
 

the website can be confusing if you don't know how to use it so if you have any questions please call me

Re: May need Legal Help in Fl.
 

Not sure how it works in Fl, Im not even 100% sure about Ohio law, but years ago a a dump truck sub working for my fathers business hit hit someone on a horse the rider tried suing my dad. but somehow had no leagal grounds and ended up suing the sub and getting nothing.

I have about 50 different independant truckers that I use on any given day to haul asphalt and stone, and unless I have a CURRENT certificate of insurance from them for at least 1mil liability they dont drive for me. Ultimately the sub is liable, however the person who hired the sub is a phucktard for not requiring proper insurance before hiring, it will probably bite him in the azz hard.

Re: May need Legal Help in Fl.
 

I appreciate all your good advice. If you don't mind I may take you up on your offer to assist me with the info. Thanks. Speak to you soon.

Re: May need Legal Help in Fl.
 

I have been asleep at the wheel!!!!! Call me at my office 386-257-0790. I can "bring the pain" on the un-suspecting..........

Brett

Re: May need Legal Help in Fl.
 

sickem Brett :)

Re: May need Legal Help in Fl.
 

Easy now, we're all friends here :cool: Let's use our INSIDE voice(lower case). :drink:

Re: May need Legal Help in Fl.
 

Expect a call this morning!!!!!

Re: May need Legal Help in Fl.
 

PM me your phone number, I am out of the office this morning.

BRett

Re: May need Legal Help in Fl.
 

In Florida, you can collect attorney fees when you win, IF you have a WRITTEN contract. The contract doesn't have to spell out that attorney fees are included.

Re: May need Legal Help in Fl.
 

Well, not exactly... the rule is that attorneys fees can be collected if they are provided for either by statute (such as landlord/tenant) or provided for by the actual contract. Otherwise you are SOL.

Re: May need Legal Help in Fl.
 

Cuda, that's interesting. Brian Deeb told me specifically that "legal fees" had to be written into a contract.

Re: May need Legal Help in Fl.
 

Thats what I thought...

The final sentence on the contract we use says, Purchaser(s) agrees to pay reasonable attorney fees, court costs and other courts costs of collection if incurred in the collection of this debt.

That final statement is under terms of payment...

Re: May need Legal Help in Fl.
 

I asked the judge one time when I won a case. He said I could if I had a written contract, but he didn't say it needed to be written in. It could have been an error of omission.

Re: May need Legal Help in Fl.
 

Brett, You have a phone message!!!!!

Re: May need Legal Help in Fl.
 

Well if you didn't deal with so many "dead-beats".... :rolleyes: