The Shoulder
The Shoulder
67
Property damagecool-wren-325

Son's truck totaled by 18-wheeler and both insurance companies are ghosting us — what do we do?

I'm at my wit's end and could really use some perspective from people who've been through something like this.

My son was driving on the highway last month when a commercial truck drifted into his lane and sideswiped him. His truck is a total loss. He's okay — shaken up, some soreness, but no hospital visit, thank God.

Here's where it gets messy:

The trucking company's insurer hasn't formally accepted liability yet. It's been over three weeks. Every time we call, we get a different rep who acts like they've never heard of us.

Our own insurer — we went through them to try to speed things up — has been dragging its feet too. The claims rep feels like she's reading from a script and has zero urgency.

To make things worse, the tow truck that responded dropped the truck at an independent shop, not one on our insurer's approved list. Now that shop is racking up daily storage fees, and our insurer is saying their policy limits on storage and administrative fees are way lower than the actual bill. We're potentially on the hook for a significant chunk of that.

I have two big questions:

1. How do we actually force the trucking company's insurance to step up and admit fault? Is there something we can formally do, or do we just have to keep calling?

2. Is it normal for our own insurer to cap storage/admin fees like this? It feels like they're using fine print to avoid paying what they should.

My son has no rental covered past next week either. I feel like we're being squeezed from every direction. Any advice from people who've navigated this kind of thing is really appreciated.

10replies

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10 replies

  • 8
    plain-mole-587

    Ugh, this is basically exactly what happened to us two years ago after a delivery truck clipped my wife's car on the interstate. The other carrier stalled for almost a month before accepting liability. What finally moved things along was our own insurer's subrogation department getting involved — once they had skin in the game (because they'd already paid out our claim), they had way more leverage to go after the trucking company's insurer than we ever did on our own. Push your insurer to open subrogation if they haven't already.

    • 13
      swift-swan-529

      Move the truck out of that storage lot immediately if you haven't already. Every day it sits there is money you may or may not get back. Get it to somewhere cheaper or your driveway if possible. That bill is going to keep climbing and arguing about who owes what is going to take time you don't have.

  • 16
    keen-bison-085

    Three weeks and the trucking company's insurer still hasn't accepted liability? That's not an accident, that's a strategy. They're hoping you get frustrated, run out of rental, and accept a lowball offer just to end it. Don't let them wear you down. Document every single call — date, time, rep's name, what was said. That paper trail matters.

    • 10
      patient-lynx-174

      On the storage fee question — yes, almost every personal auto policy has sublimits on storage and diminishment fees, and most people have no idea until something like this happens. It's buried in the declarations or the coverage schedule. That said, if the truck driver is clearly at fault, those storage costs should ultimately be recoverable from the at-fault party's insurer. The problem is timing — your insurer may not want to advance what they aren't technically obligated to cover under your policy. Ask them specifically whether those fees will be pursued in subrogation from the commercial carrier. Get that in writing if you can.

  • 22
    humble-finch-002

    A few practical things worth knowing: commercial trucking claims are handled very differently than regular auto claims — the carriers often have specialized defense teams and they move slow on purpose. You can file a complaint with your state's Department of Insurance against both carriers if you feel they're not acting in good faith. It's free, it's on record, and it sometimes magically speeds things up. Also, most states have prompt-payment laws that require insurers to respond to claims within certain timeframes. Worth looking up what your state requires.

  • 14
    curious-newt-875

    Not legal advice, but I'll say this — when a commercial truck is involved, the liability exposure is usually significant enough that the trucking company's insurer will eventually have to engage. The issue is getting them to do it on your timeline, not theirs. An attorney who handles trucking cases (most work on contingency) can often light a fire under these carriers in ways individuals just can't. At minimum, a free consult is worth your time. Not legal advice.

  • 11
    clear-dove-257

    Just want to flag — your son said he was sore after the accident, right? Please make sure he actually gets evaluated even if he feels okay now. Soft tissue injuries from this kind of collision can take days or even a week or two to really show up. If he ends up needing treatment later and there's no medical record connecting it to the accident, it complicates everything. Better to go get checked out and have nothing on the chart than to skip it and regret it.

  • 15
    calm-swift-909

    I'm so sorry you and your son are going through this. It's already stressful enough dealing with the accident itself, and then having to fight two insurance companies on top of it is just exhausting. Hang in there — it sounds like you're asking all the right questions.

  • 15
    cool-fox-549

    Quick question — was there a police report filed at the scene? And did the officer note the lane departure in it? That documentation is going to be really important for forcing the trucking company's hand. If the report is vague or doesn't clearly assign fault, that might be part of why their insurer is stalling.

    • 5
      curious-rider961

      This is really helpful — thank you for posting it.