Grain Bin totaled by Drunk driver - -Follow up

OK, here is the latest on my grain bin. They will pay for a new bin, but depreciate it, which I kind of expected.
However, I did not expect them to depreciate any labor to install it, whether new or used!
Because it is a 40 year old bin, it doesn"t cost as much to install?
Does labor to fix a 10 year old car cost less than fixing a new one?
Any advice? I appreciate all your input

I would just tell them to replace your bin with whatever they want as long as it's the same size or larger and leak proof. Insist on it.

I'd go with Jon's advice. They're trying to weasel out.

(quoted from post at 19:03:14 08/03/14) I'd go with Jon's advice. They're trying to weasel out.

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Yep. You just gotta keep on them and remind them that you need to be made whole again, as it was their insurees negligence that caused this whole situation.

They will always test the waters with a low offer. Don't feel obligated to take it seriously.

I would not allow them to depreciate it.

Tell them you'll be happy with a replacement bin thats 40 years old thats in just as good of shape as yours was in and GET A LAWYER if you want a fair shake

Your playing poker with the adjuster, their goal to settle for as little as they can, your goal to get as much as is ethical. Tell them no and if you have to sue the driver. Good adjusters don't like to go to court because then they're not in control, if you and your attorney do a good enough job they may very well end up paying more for the bin as well as court costs and legal fees. Convince them your serious and will go to court, then they have incentive to make it right. Mean while find out what used bins cost AND how much it'll cost to move and reassemble a used bin, tell them that's what you want and if they don't want to pay you'll litigate. Yes I understand it might not be worth litigating but don't let them hear that. If they approach you again tell them NO and your attorney will contact them, if they call again telling them your attorney is preparing paperwork and their client can expect to be served soon. You are at a disadvantage because they do this kind of stuff daily.

I'd also contact the district attorney prosecuting the DUI and let them know you haven't been made whole.

If they're offering the depreciated value of the bin verify they're right then get a cost for site clean up, tell them they have to pay for move & assemble labor OR to return the site to a usable condition (slab gone fill dirt leveled and vegetation reestablished). Again tell them you want to be made whole with a like bin installed where you used to have one OR the value of the bin and the clean up.

They will keep hitting you up with low offers, say no and demand more. It might be worth your money to go to an attorney and pay him $50-$100 for a consultation on this. A good local attorney will know the state laws and what you're entitled to and how best to get it for you.

Sounds like Wisbaker has the idea. I had to play the same game with the insurance company some years back when a guy was speeding and passing in a no passing zone, in the rain, then lost control, and crossed the line hitting me. It totaled my truck and they wanted to give me peanuts for it, far less than it was going to cost me to replace it in kind.

I held out on them for over a year because I had both another vehicle to use, and the salvage vehicle sitting at my house. In other words no storage fees building up, and no real need to settle right away to buy another vehicle. They made several low ball offers, and I refused all of them, as none of them would even come close to replacing my truck. I don't know what happened, maybe they have a time frame that they have to be settled, or what, but in the end they were begging me to take their offer. I wound up getting exactly what I asked for, plus enough to cover my medical bills, all because I held out.

In this case you did absolutely nothing wrong, so them wanting to depreciate your property isn't really their right. Regardless of what the guys policy might say happens if they were replacing something that belonged to him, they now have to replace something that belonged to you due to their clients negligence. In other words you hold the cards, not them. Like others have said, find a fair value for the bin, and any costs involved with the removal of the damaged bin, and the instillation of a new bin. Too if it was used as part of your farm/business, a case could possibly be made for loss of productivity/profits due to the damage. If you are a business they are on the hook for that too. Dad went through the same thing when a guy hit his service truck. The cost to the insurance company for every day the truck wasn't available to work was a big incentive for them to settle, and get the repairs done as quickly as possible. Good luck.

I forget if I read the early part of this or not.....

Anyhow, I guess I had 10,000 bu of storage before your client wrecked my property, I want 10,000 bu of store age when we are done, it shouldn't cost me anything if your client was at fault. Or whatever size bin it was.

Have a good day.

Paul

You need to have a talk with your insurance company. After I knew what my company would pay me, then I knew what the at fault company was going to pay(one way or the other)(car wreck)

In New York state you can not start a lawsuit until 90 days has passed. My brother was driving an Oliver 1850 pulling a NH manure spreader. Drunk driver came over a hill knocked the front end off the tractor, then hit the back tire and rim. Ruined both rim and tire. Then car spun around and smashed into a new spreader. Engine of the car was next to the driver and he was crunched under the dash. I thought he was dead, but he was just drunk and had a few broken bones.
We were naive about how to settle with insurance company, but with their initial offer it was a real possibility of a lawsuit. Their offer kept going up,but not much. On the 88,89 day offer really jumped up to an amount that was not full replacement. But, they let us have the tractor and spreader for a few bucks.
This is my experience and is in no way advice for anyone else. Had a few lawsuits over the years and they are expensive,time consuming, take about 3 years, and nobody knows how a jury will think. One possibility a jury might consider your grain bin some kind of atractive nuisance. It sounds silly and probably would not happen. But, remember there probably would be quite a few town or city people on the jury. Consulting a lawyer would be a good idea.
More than once I went thru $25,000 so fast my head almost spun off my shoulders. A case like this I doubt if a lawyer would take it on contingency, Also, if you sue yout $200/hr lawyer is going up against a $400/hr lawyer.
As far as suing the driver, you probably can get a judgement on him. But, those kind of people are hard to get money out of. You can not get blood out of a rock. I have 7 judgements filed with the county. Probably will never collect on unless they win the lottery.
I still would not get discouraged and try to work with the insurance company. And, again consult with a lawyer. A consultation with a good lawyer usually is free or a minimal charge.


w

Talk to your agent. If he can't get you answers that you believe call the 1-800 number for you company. They should be able to give you good advice unless it's the same company. Your second option is to look up your states insurance law. Every state has their own, some favoring the you and some the insurance companies. If in doubt call your states insurance commission. If the company is trying to beat you out of what you are they will fix the problem fast. We had a kid here who was in a wreck test driving a vehicle. He was at fault. The owner had told the kid it was insured and it wasn't. His insurance agent told him it wasn't covered. Here, at the time, insurance followed both the car and the driver. That means you don't have to have insurance if you are driving someone else's vehicle as long as it's insured and if you own auto insurance you can drive a vehicle that is uninsured on your insurance. After he was told, 2 years after the fact that he was indeed covered he called the state insurance commission and was reimbursed by his insurance company very fast. Had he called the company rather than his agent it would have been done right after the accident.

Some of the advice on here is good. Remember, insurance law varies state to state. You have to go by the laws of your state.

Rick

One thing I have learned in dealing with the court system and judgments. A judgment in and of itself is about as worthless as the paper it's written on, at least on the surface.

However, if you've got a judgment you've actually got that person by the sort and curlies until the day they die, if you are so inclined. Basically the judgment is just a piece of paper and to actually make it good you need to get the judgment invoked. In other words you have to let the judge know that the person whom the judgment was against hasn't done anything to comply with the courts order and satisfy the judgment.

From that point you can get a lien placed on their personal property and ultimately get it sold at a sheriffs auction. You get a percentage of the proceeds of the sale, minus what the department gets for conducting it, (so I understand in NC) and it goes toward paying on their judgment. If the full amount isn't gained by the action, you have the option to go back again, and again, until you are fully compensated.
Yes it might seem like a lot of trouble, and it very well might be. Still, based on what I have seen and heard while sitting in the courtroom often all it takes is for the reality of the situation to set in on that person and they will do whatever it takes to satisfy the judgment, and find the money somewhere -vs- having their personal property sold out from under them, possibly more than once, to satisfy the debt.

Whose insurance is paying? Is this your farm buildings policy or the wino's vehicle insurance? If it is the Drunks company trying to lowball you maybe you can ask your own insurance company to intervene as State Farm did that for my Daughter when someone hit her head on, totaled her car (with one note left to pay on it) then wanted her to pay storage until they sent an adjuster, did not want to rent her a vehicle to get to work etc. State Farm took care of my Daughter then took it up with the other company.

If i remember well, that bin had not been used in a long time and may not have seen use again in the foreseeable future...In other words..it was just a nuisance and a eye sore.
So what is the big deal?
If you can get what the bin in good condition may have reasonably sold for and you can get the ins company to pay for removal of the old bin i would be more than happy.

(quoted from post at 09:17:33 08/04/14) If i remember well, that bin had not been used in a long time and may not have seen use again in the foreseeable future...In other words..it was just a nuisance and a eye sore.
So what is the big deal?
If you can get what the bin in good condition may have reasonably sold for and you can get the ins company to pay for removal of the old bin i would be more than happy.

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So, you're saying that if you had a $10,000 truck sitting in your yard that you hadn't driven for a couple of years, it's OK for somebody to take it, because you might not need it again.
I DON'T THINK SO.

(quoted from post at 08:46:16 08/04/14) Whose insurance is paying? Is this your farm buildings policy or the wino's vehicle insurance? If it is the Drunks company trying to lowball you maybe you can ask your own insurance company to intervene as State Farm did that for my Daughter when someone hit her head on, totaled her car (with one note left to pay on it) then wanted her to pay storage until they sent an adjuster, did not want to rent her a vehicle to get to work etc. State Farm took care of my Daughter then took it up with the other company.

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You are correct in a situation like you described. In no fault states (applies in most to vehicle vs vehicle only) your company takes care up to the limits on the policy. Then the other person's, if they are at fault, thier insurance kicks in. After the insurance is settled then the companies sort it out as to what is owed by the at fault drivers company. Exceptions are you have liability only and are not at fault then the others guys insurance kicks in and fixes/replaces your car. Depending on how your home/farm policy is written you may or may not be able to go through your company. It's worth checking into.

Rick

(quoted from post at 11:08:41 08/04/14)

(quoted from post at 09:17:33 08/04/14) If i remember well, that bin had not been used in a long time and may not have seen use again in the foreseeable future...In other words..it was just a nuisance and a eye sore.
So what is the big deal?
If you can get what the bin in good condition may have reasonably sold for and you can get the ins company to pay for removal of the old bin i would be more than happy.

Click to expand...

So, you're saying that if you had a $10,000 truck sitting in your yard that you hadn't driven for a couple of years, it's OK for somebody to take it, because you might not need it again.
I DON'T THINK SO.

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aybe you should read my post again.
I never suggested it is OK to take it.
And to compare a $500? old grain bin with prob a rotted out floor to boot with a 10 grand vehicle is utter nonsense.