JD3520+ICY ROAD+CHEVYSUBURBAN=

[MossRoad]

Technically I was returning home at the time of the accident and had my blade up when I was hit by the Suburban....

Technically, you were still plowing the road, as you put it in writing in your very first post...

Well today I had made one pass down the hill and was making a return pass up the hill, when I got to the steepest part of the hill I lost traction and slid back a few feet. I was just starting to try and turn around and head back down the hill for another attempt...

Not trying to put you on the spot or anything. Usually a slow moving vehicle has the right of way, but in your first post it made it sound like you were sideways across the road in a place where a vehicle should not be sideways across the road... that is, just over the crest of a hill. I'd be surprised if you do not end up paying for the Suburban's damages.

 

[dirtworksequip]

I'll be talking to a friend that is an attorney tomorrow morning to see what he can find out about any laws prohibiting me from snow removal on a State Road or traveling from my property to remove snow somewhere else. The woman from the insurance called me several days ago and stated like she had some specific law she was reading from forbidding me from snow removal on a state maintained highway. Then she sends me a letter that just says that the State has adequate snow removal equipment and therefore I should not have been on the road. I'll see what my attorney friend has to say.
What really burns me is that in 38 years of driving I have never had an accident. The Suburban driver has put his company car and his wifes Escalade over the hill into the woods at the end of his driveway(which is all of maybe 80 feet long), plus he cut a sharpe U turn short by 10 feet and got hung up on the embankment between the U and had to get towed. So, basically he has put 3 vehicles off the road over a bank 3 times previous before he hit me. I guess past proformance means nothing though. It will be interesting to see if Liberty Mutual will provide me with a written determination of their findings.

Sincerely, Dirt

 

[NewToy]

Technically, you were still plowing the road, as you put it in writing in your very first post...


Not trying to put you on the spot or anything. Usually a slow moving vehicle has the right of way, but in your first post it made it sound like you were sideways across the road in a place where a vehicle should not be sideways across the road... that is, just over the crest of a hill. I'd be surprised if you do not end up paying for the Suburban's damages.

Good thing you were'nt "trying" to put him on the spot, he'd look like a Dalmation if you were. They can't make him pay, other driver was going too fast for conditions and failed to maintain control. I would talk to the police and politely inquire why the man wasn't cited. Let them know the guy's insurance co is trying to cheat you. Also, I'd mention that this guy is a menace on the road anyhow. You could probably do a little digging and get his DMV records. If he is off course as much as you say he has to have a colorful driving record. This would demonstrate his propensity for negligent driving. Establish a pattern and you will be seen as the victim and not the cause.

John

 

[MossRoad]

They can't make him pay

Famous last words...

We've seen several cases where the majority of folks side with the person posting here on TBN, only to see them lose horribly ...

This is why things like this should not be posted in public. We only get one side of the story (not saying it isn't the truth) and the original poster starts putting things in writing. Then stuff like I pointed out comes up... a contradiction. Then the insurance companies or lawyers get a hold of it. See you in court, etc....

If it were me, I'd request that the entire post be pulled until the whole thing is settled, hopefully in the original poster's favor.

 

[NewToy]

You're probably right about contradictions and such. It amazes me how things begin to fuzz over when the lawyers get to sparring. The original poster had said something about how the state guys thanked him for helping out with the snow removal. The adjustor lady should hear how the rep's from the state DOT encouraged original poster TO plow the road. Delete the rest of it and leave that in.

John

 

[b33b]

Dirt, sorry to see the way this is turning, it is time to get some help -probably your insurance company. If LM is trying to say you were at fault then they will want you to pay for the Suburban so your company needs to get into the fight.

Most adjusters initially get recorded statements from both sides and I don't know how much you went into plowing vs. traveling from another driveway. Most states allow tractors on the road with flashers and a smv sign, so you most likely had a right to be there. Crosswise on the road? Not plowing just trying to get out of the way.

Do get a copy of the police report to see what it says, your neighbor may be claiming he was doing fine until he swerved to avoid you. Any mention of tire marks in the snow - to late for pictures of the scene.

Probably also want to find out when when the last state plow went over that section of road and that may give you a basis for the good samaritan act.

Good luck.

 

[CurlyDave]

it is time to get some help -probably your insurance company

I think talking to your own lawyer first is a lot smarter.

Go over everything, including your blade being up and you not actually plowing at the time of the wreck. You may need to pay something for representation at this point.

If LM thinks they can stick you with the total cost of the accident, including damage to the Suburban they will, and that is exactly what is on their mind right now. But, you don't necessarily want your insurance company to get into it yet.

Your tractor is probably covered under your homeowner's policy anyway, instead of your auto policy.

Talk to a lawyer fast.

 

[AKfish]

Son of a gun.... I haven't checked in a while and lo' and behold -- thing's have gotten pretty nasty for ya', Dirt.

Sorry, to see things develop like this but when there's money, insurance companies and lawyers --- well, that's all the necessary ingredients for a major Low Pressure system... they suck and blow all at the same time!!

Ask anybody who lives in New Orleans or the Florida coast about LOW PRESSURE SYSTEMS!!!

Curly is right -- time to sit down with a good (and nasty..) attorney. Moss has a good comment as well -- close this puppy and refer all materials to your lawyer.

It doesn't matter what your "intent" was regarding plowing; not plowing; planning to plow again, etc. If you were stopped --- you were stopped; period.

You might have determined that morning to go down to the local grocery store for coffee utilizing the most safe and dependable vehicle available to you considering the current road conditons.. that just happened to be your 4x4 tractor.

All kidding aside; the relevant facts to consider are -- what where you were doing at the moment of the accident and how that relates to your tractor and the roadway and any other vehicle that might be utilizing the roadway.

Best of luck with the outcome, Dirt. Hopefully, you won't be "smacked upside" the head (again) for being a helpful neighbor.

AKfish

 

[MikePA]

The Suburban driver has put his company car and his wifes Escalade over the hill into the woods at the end of his driveway(which is all of maybe 80 feet long), plus he cut a sharpe U turn short by 10 feet and got hung up on the embankment between the U and had to get towed. So, basically he has put 3 vehicles off the road over a bank 3 times previous before he hit me. I guess past proformance means nothing though. It will be interesting to see if Liberty Mutual will provide me with a written determination of their findings.

Just trying to understand....

What would this guys driving record have to do with who was at fault in this situation?

 

[MossRoad]

Your tractor is probably covered under your homeowner's policy anyway, instead of your auto policy.

Around here (Indiana) I could not find a homeowner's policy to cover use of my tractor off of my property. That means I'm not covered in the street even if I'm just turning around in the street to plow back down my driveway. Nor am I covered by my homeowner's policy operating on someone else's property as a volunteer clearing old lady's driveways next door. I'm on my own for that. Lots of folks don't realize that.