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    Surcharge

    Posted by MAIA on Mar 27, 2020 12:00:00 AM

    This question was answered based upon current rules, regulations & statutes in effect on February 19, 2020
     
    QUESTION

    If a client hits a barrel that falls out of the back of a truck on the highway, can they be surcharged?  

    Thank you!

     


    ANSWER

    Kathy Cormier:  It all depends on if it is a collision or comprehensive loss.

    If the barrel was just sitting in the road, that is a single vehicle collision and could get SDIP.

    If the barrel was flying off the back of the truck and bounced off the road, then hit the customer...that could be considered a Missile and a comprehensive loss.  The carrier will not surcharge for a comprehensive loss, but it will more than likely increase their rate tier.

    Irene Morrill:  If it was in the road and your client hit it, were they able to get vehicle plate number. Vehicle owner should have some responsibility for containing items carried. If know the vehicle that let the barrel get into the road, I’d argue they are legally responsible at least 50% and get waiver of deductible endorsement to work. 

    This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Massachusetts Association of Insurance Agents, Number One Insurance Agency nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

    Topics: Registry, 2020

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