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Old 08-03-2014, 06:53 PM   #1
Artemus Gordon
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Towing and personal liability.

This subject gets many posts and on other RV sites, heated arguments. I believe the MOC is the exception. Our members seem very knowledgable and strive to operate their RVs safely!

I almost hate to share this information, but here it goes. A life long friend of mine is one of the nations most successful trial lawyers. His specialty is personal injury, product liability and manufactures negligence. We had opportunity to discuss "RV liability when towing". I won't bore you with the significant details. I boiled it down to a "few specific things" he pointed out to me. Don't shoot messenger!

First, don't ever disregard the "max weight data" for your truck! Hitch or RV. Manufacture's have this data dialed in for each truck. He said you get into an accident, you have no friends. By that he explained, the manufacturer's of the trucks, RV, Tires, hitchs etal, will provide testimony against you. While the "deep pockets" are the manufacturers, they go to great lengths to protect themselves. Brake size, tire condition, overweight issues of TV or RV, can find you in very deep water, especially if a fatality occures. In some states you might, and can be found guilty of "gross negligence" and found to be criminally liable. That could mean prison time.

Another point he made was, you can't bankrupt out of personal injury claims in most states. He describe several accidents where "toy haulers" were towed by significantly inappropriate TVs, while loaded beyond what a manufactures max limits. Remember, I am not trying to get into a debate my friends. I merely am imparting some very valuable, and I believe important information.

Lastly, he explained that having a commercial DL, might even hurt your case in specific instances. It is one thing to be ignorant or absent minded, it's another to add "profession driver" to the mix. You can't tow beyond your DL in your wallet. That said, being a professional driver can complicate things in a bad accident.

His advice, "Carry good AAA rated insurance" and consider an "Umbrella Policy". Umbrella Policy's are usually inexpensive and provide, additional funds, that might assist in settling your case, without destroying your personal assets. I realize must of our members know this stuff, but someone may not have gotten the memo!
 
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Old 08-04-2014, 04:32 AM   #2
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AS a 30+ year commercial insurance broker the post is correct.
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Old 08-04-2014, 04:49 AM   #3
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Great post! Thanks for sharing!
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Old 08-04-2014, 05:09 AM   #4
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I pretty much agree with everything your buddy is saying. An umbrella policy is a good idea. But of course if we woke up one day and 80% of the attorneys were gone from this country maybe everyone would not be suing everyone constantly, but that is a debate for another day.

It looks like there is a roundtable Q & A session for Full-Timing set up for the fall rally. This could be a good topic for that group to consider also.
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Old 08-04-2014, 05:10 AM   #5
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Great info and right on the money. If you ever want a scare, google the number of new lawyers graduated in your state every year. All of them trying to eat and feed a family and guess where they are looking for the money.
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Old 08-04-2014, 05:25 AM   #6
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Hi

A good post.

What collage did you go to?

I have posted similar information from several attorneys I have done research for and have been abused for it.

In many states a fatal accident with an over loaded vehicle leads to a “Vehicular Homicide” charge.

Phil P

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Old 08-04-2014, 05:49 AM   #7
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Just an excellent posts!!!

As of late I have found myself taking note in particular of the trucks hauling these toy haulers. I am just dumbfounded as to the number of young bucks pulling them with 2500 trucks, yikes!!!

As per usual many readers will simply ignore the warnings.

Thanks again!!!
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Old 08-04-2014, 08:03 AM   #8
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I agree with the attorneys observations.. The "It pulls it fine" folks will not. One day one of us may need a good lawyer and will be glad there are so many of them.
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Old 08-04-2014, 08:28 AM   #9
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This was the main reason that I changed TV. I was overweight and I am not a risk taker. I am not going to lose everything that I have worked for because I was driving overweight. There are many other reasons I switched, but this was the main one. Seriously folks....do the math on your rig and a seminar at the fall rally with a clear spreadsheet for everyone to use and determine if they are overweight or not.
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Old 08-04-2014, 10:42 AM   #10
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Yes, the SRW guys will say it pulls it just fine. And it might, but being over gross is something I don't want.

Jim
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Old 08-04-2014, 11:26 AM   #11
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When I purchased my 2014 at Lazy Days in Tampa, the salesman was required to fill out a tow/weight sheet. He had to go out and get all the numbers off my F350 and complete several computations on the sheet in order to determine if it was rated to pull the new fiver. I still have my copy of the sheet. Of course now I have loaded over 3,000 pounds on it so I guess if something happened and they determined I was slightly overweight I would still be exposed to some degree of liability.
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Old 08-04-2014, 12:32 PM   #12
Artemus Gordon
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I am glad this was well received. I believe the MOC is made up of dedicated RV owners that are safety minded.
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Old 08-04-2014, 01:29 PM   #13
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I was worried when we pulled up to the scales at an Escapee park for the first time, mainly due to comments on the forum about 2500's and SRW's. Even though we have a stout Monty, well loaded for full timing, our rural dealer was right we are within specs for the truck and trailer we have. Quite a relief, but only works when you verify with the scales.
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Old 08-04-2014, 02:16 PM   #14
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DQDick - By within limits, are you talking trailer weight total or truck gvwr (truck weight??)? I have several thousand pounds left for towing limits, but my pickup and pin weight are over limit of truck. (I may be close now with my new lighter pin-weight rig tho).
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Old 08-04-2014, 04:32 PM   #15
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We are under on everything. Pin weight and Trailer Weight.
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Old 08-05-2014, 08:37 AM   #16
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I hear the dodge folks get the "canary package". As long as the birds keep flying, they stay under the 22,000 GCWR.[V
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Old 08-05-2014, 06:09 PM   #17
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You lost me on that one Mike... can you translate?


Quote:
quote:Originally posted by pineranch

I hear the dodge folks get the "canary package". As long as the birds keep flying, they stay under the 22,000 GCWR.[V
Mike
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Old 08-06-2014, 08:48 AM   #18
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Quote:
quote:Originally posted by jlb27537

Yes, the SRW guys will say it pulls it just fine. And it might, but being over gross is something I don't want.

Jim
Sorry to disappoint you, but my 06 Montana and 06 Silverado 3500 SRW did pull just fine and were within the limits. I have the weight sheets to prove it. So not all SRW are out of limits.

Now when we upgrades to the 2013, it weighed more and was over the SWR's ratings. That's why we upgraded the truck too.

The people I shake my head at are the ones pulling with 3/4 ton trucks.
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Old 08-06-2014, 04:12 PM   #19
richfaa
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It is not hard to do the math as someone indicated. The newer trucks do have higher ratings. It is usually the pin weight that goes over on SRW trucks but again that is not hard to figure out.
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Old 08-08-2014, 10:57 AM   #20
Tom S.
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Quote:
quote:Originally posted by richfaa

It is not hard to do the math as someone indicated. The newer trucks do have higher ratings. It is usually the pin weight that goes over on SRW trucks but again that is not hard to figure out.
Exactly, and that's what happened to us. Pin weight on the 06 Montana was fine but the 2013 was over the old trucks' rating. As you said, I could have gone with a newer SRW since they have been rated higher, but I didn't want to be in the same boat should we ever upgrade again.
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