Weatherbyman

Question: If you cause a wreak while overloaded, can your insurance company decline to cover you since you were running over rated GVWR?

I was just wondering because my 2002 2500 is definitely overloaded when I have my camper on it.

RustyJC

It depends on the exclusions listed in your policy, but probably not. That's not to say that, when it's all over, they won't cancel your coverage.

The real danger, however, is in the limits listed in your policy for per individual and per occurence liability. If you wind up in civil (tort) court with the plaintiff's counsel contending that you are guilty of anything from contributory negligence to reckless endangerment for running overweight, you could wind up liable for any damages awarded over the limits of your insurance policy. We think we're covered, but Murphy's Law says that, if we get in an accident, it will probably be with a loaded 66 passenger school bus.

Rusty

smiller

I would think that in order to win a lawsuit based on your being 'overweight' one would have to demonstrate that the accident was either caused or made worse by that fact, and I doubt that merely being over the sticker's GVWR would constitute prima facie evidence of negligence without some supporting facts to back up such an claim. But yes, if your axle splits in two and goes through the windshield of a school bus then you probably are screwed... time to wish you had bought that umbrella policy...

Also remember that any legal advice you get on this forum is worth exactly what you paid for it...

pappyman

Being overloaded can get sticky in court....and if you know that your overloaded that worst....lawyers can be greedy when they feel you caused a accident by willfully exceeding manufactures limits placed on your vehicle

RustyJC

If I were opposing counsel, I would posit at least the two following items:

1. Had the defendent been running within the manufacturer's GVWR/GCWR/etc., he might have been able to stop, or at least would have been able to reduce his speed more, before striking plaintiff's vehicle.

2. Had the defendent been running within the manufacturer's GVWR/GCWR/etc., he would have carried less kinetic energy into the collision, thereby reducing the extent of personal injury and property damage suffered by the plaintiff(s).

This should be good for contributory negligence as a minimum. At the end of the day, that's up to a jury, of course.

Rusty

smiller

1. Had the defendent been running within the manufacturer's GVWR/GCWR/etc., he might have been able to stop, or at least would have been able to reduce his speed more, before striking plaintiff's vehicle.

You have to prove your assertion... if 'might have' was enough then all lawsuits would always be won by the plantiff.

2. Had the defendent been running within the manufacturer's GVWR/GCWR/etc., he would have carried less kinetic energy into the collision, thereby reducing the extent of personal injury and property damage suffered by the plaintiff(s).

Another huge 'maybe', you would still have to prove that whatever additional 'kinetic energy' carried by the vehicle had a material effect on the outcome... which would probably be somewhere between very difficult and impossible.

Maybe, kinda, might have, possibly. etc., doesn't cut it without some reasonable proof on which to base a case.

P.S. This case would probably never get anywhere near a jury, BTW.

Haulin_in_Dixie

I got shaky about all this on mine. I had always had insurance based on 20,000 weight from the serial number. I inquired several times about the loads I was carrying, the insurance company said not to worry. Finally this year I had them re write it for 33,000 and it cost more but that is what is listed.

magnum

From personel experiance, I've always been straight forward with my insurance agent, I tell him what I do, what I want, and he gets me the coverage that I need.

NEVER, IMO lie to your agent, he/she has the capability to sell you the coverage that you need. He can also make claims and adjustments go so smooth......

For example, I painted custom ghost flames on my truck, I told my agent, he added some coverage, think its about 12.00 a year for the custom paint. If I were hauling a certain weight, I'd tell my agent and have him/her get me the coverage for that particular weight. That way, its documented that you KNEW the correct weight, and the insurance co who wrote the coverage KNEW what you were doing. At least you won't be going to court alone.

Just my nickels worth

RustyJC

You wouldn't be surprised that my lawyer disagrees with your assertion, I suppose?

Rusty

smiller

Naw, I wouldn't be surprised if a real lawyer disagrees with anything we say here...

ten8fiftyone

2 words..."Deliberate Indifference".........

smiller

Good... sounds like we finally have a lawyer here to help us out with this. I can get the legal definition of deliberate indifference off of the web, but to further assist us please cite a case (just one will do) where this concept was used to win a lawsuit against someone driving a technically overweight RV and was involved in an accident. That would be very helpful...

Thanks -

cumminnotstrokn

How does your camper make a one ton dually overweight or is it the combination of towing the boat as well? Most accidents I've seen with RV's involved stuff scatters everywhere so it would be really hard for them to prove you were overweight.

RustyJC

Not really. It would be pretty easy to get an approximate laden curb weight for an identical truck. They would know (or could find out) who was in the truck, what hitch and accessories it had, etc. - right?

Now, the plaintiff's experts could also get the dry weight of the RV (dry pin weight as well in the case of a 5th wheel) from the manufacturer's specs. The only question then becomes what was the laden weight. Even there, there are thumbnail assumptions for weekend RVers, full-timers, etc.

Frankly, I doubt this would be a problem with an individual running 500 - 1000 lbs over GCWR or 200 - 300 lbs over GVWR. Where the plaintiff could have a field day is with the rig I saw most recently at an RV park in Austin - an F250 V-10 towing an 18,000 GVWR Mountain Aire tandem dually 5th wheel! In that case, it's patently obvious that the rig is overweight.

Rusty

Weatherbyman

Not the dually I have ordered and am still wiating for, it's my 2002 2500 that has a GVWR of 8800. The truck weighs 7040 alone with me and the little woman in it and my camper weighs more than 1760..........that is the one I am wondering about.

I am not the only person that is way overweight according to GVWR driving a SRW truck with a self contained camper on it. I was wondering if they have ever had a problem after a wreak or if the Highway Patrol have ever given them a bad time about being overweight.