Who's at fault for this accident on the street?

I was moving and driving a uhaul at night in the rain. I latched it and took off down the road. A lady pulled up to the side of me at a light and said my back was open. I immediately pulled over. When I got out of the uhaul a car pulled up next to me dragging my dolly in their front bumper. Apparently my dolly fell out and landed in the middle of the road. The car hit it. My insurance won't cover since it's a uhaul and their insurance will with a $1000 deductible. I think it's a faulty latch because I know I latched it. I reported it to uhaul and they said they might replace it. Someone told me that if you hit something in the middle of the road it's the driver's fault, but it was dark and raining and hard to see? I offered to pay half the deductible but haven't heard back from the guy yet. He might think it's my fault. I'm not sure who's fault it is.

14 Answers

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  • Linda
    Lv 6
    2 years ago

    YOUR fault for NOT making sure EVERYTHING is locked up tightly.

  • car253
    Lv 7
    2 years ago

    Usually something falling off of a truck is YOUR fault. However, if the latch was broken, it would be U-Haul's fault. So, put in a claim with U-Haul and find out if the latch was broken.

  • Poppy
    Lv 7
    2 years ago

    You contract with haul said you either pay for their insurance or you have insurance to cover the vehicle. Her damages are on you to fix.

  • lucy
    Lv 7
    2 years ago

    https://www.uhaul.com/DamageCoverage/

    Let me guess, you did not buy insurance coverage with U-Haul? If so, then you are on the hook for any damages to the U-Haul or to (any) other damages you cause while driving the U-Haul.

    Did the police come to the scene, and if so, did you state that I "believe" that the latch was faulty, since I know I latched it? If you did and the officer checked the latch at the scene and (verified) the latch was faulty, then it would be U-Hauls responsibility.

    And like 1 poster stated, that (before) you left with the U-Haul, then you check everything to see if working or not. It is very (unlikely) the latch was defective, thus unless you can get proof, once again on the hook.

    And NO, you don't owe 50% of any deductible or even 100% of the deductible, but you owe 100% of ALL of the damages that the other insurance pays (plus) the deductible, since that is what they will go after you, the TOTAL amount paid to fix the other vehicle.

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  • May
    Lv 6
    2 years ago

    This is tricky.

    It doesn't really matter whether the latch was faulty.

    If the dolly fell out and hit the street first and the other guy then ran into it, then it will be called a collision and HIS collision insurance is liable and should pay. If the dolly fell out and did not hit the street but fell directly onto the others car, then your insurance (or you, if you have no insurance) would be liable.

    If you or your insurance end up liable, then you or your insurance can in turn file a claim with U-Haul on the basis that the latch was faulty. If the latter happens, good luck. You will need it because I would guess U-Haul will deny the claim...…..but you can sure try.

  • 2 years ago

    I think it's a.....

    Then just PROVE IT.

    Someone told me that ..... It was an expert in the law?

    In most cases it is the drivers fault for hitting stuff in front of them be that a dolly or a body laying in the middle of the road.

    Of course technically you also littered and went down the road with an unsecured load. Did you want a traffic ticket for that?

    It was dark and raining and hard to see. SO WHAT You are expected to drive for the conditions.

    As you are extremely experienced in the operation of door latches obviously you could not have made a mistake.

    As an experienced mover would know to secure your dolly so that it would not fall out should the door open. Of course as you are not a moving expert you did not think of that.

    You contributed to the issue so did the other driver. You are both at fault. You just are differing on the percentage each pays towards the repairs.

    IF you paid by credit card check with your card they also may have some insurance for you.

    Negotiate something or take it to court and let a judge allocate blame. The lawyers and courts what their fees first.

  • Scott
    Lv 7
    2 years ago

    Your fault, since the dolly fell out of the truck. "Failure to secure load" is what it's called where I live. You aren't on the hook for half the deductible, you're on the hook for all the repairs.

  • Ron
    Lv 7
    2 years ago

    Unsecured load is the fault of the driver

  • 2 years ago

    This accident is totally your fault, regardless of the latch or whether you think you latched it. It is not the driver's fault any way you look at it. You would have great difficulty trying to prove it was U-Haul's fault. This is all on you.,

  • 2 years ago

    He was following too close and that's why he had an accident. Actually, the only thing allowed to fly off your vehicle is water or bird feathers. Pay up.

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