Chair Fell Out of Truck Comp or Collision?

[FullAuto]

So here is one for you. One time I was driving and a hose fell off a milk truck. It moved across the road and I wasn't able to avoid it before I ran over it. Fortunately I missed the couplings and they didn't pop up to hit the underside of my car.

I honestly can't remember if it stopped or not before I actually ran over it, just that I wasn't able to avoid it. Is that comp or collision? Also, I didn't have comp or collision on that vehicle, but wouldn't the driver be liable and couldn't I file under UM?

It comes down to your story of the facts of loss. If it came to a stop in the road and you ran over it, it's a collision. If it was in motion (sliding) and you hit it, it's a missile and a comp claim. The truck it came off of would be liable. If something like that happens again, you better "remember" it was still in motion so the adjuster doesn't decide for you.

In my state, UM is for medical only. We don't have UM for property damage. Now if you hit it, flipped the car and had medical bills, that would be interesting to make a UM claim as well as your C coverage. That sounds like it would work, but I do property, not BI. My BI knowledge is limited to my personal experience (which is unfortunately still quite a bit).
- - - - - - - - - - - - - - - - - -

I agree with that logic. If an object is in motion, it should be comp... If not, it should be collision. That would be a simple way to avoid a lot of confusion. But the insurance companies disagree with us.

When an object falls from another vehicle, it falls under collision. You and I both disagree with that logic, but that's how it is.

Not with my company. If this was a claim with my company, this would be a very clear comp claim. There is no gray area. It's either in motion or not.
- - - - - - - - - - - - - - - - - -

If you hit an animal, its usually comp

Yes, unless the animal was already dead and laying in the road.

 

[BlockO]

Not with my company. If this was a claim with my company, this would be a very clear comp claim. There is no gray area. It's either in motion or not.

That's interesting. Is it because your company simply chooses to do it that way or because it's a statewide Oklahoma thing?

Room7,
This is probably a 1 in 100 long shot, but will only cost you five minutes and a couple phone calls..... you mentioned that a 2nd chair hit another vehicle. you may want to call local law enforcement and highway patrol. it's possible that the other vehicle may have gotten a license plate and filed a report on it.

 

[FullAuto]

That's interesting. Is it because your company simply chooses to do it that way or because it's a statewide Oklahoma thing?

I don't believe it's a company thing. I didn't think it was a state thing either. The fact the object is in motion at the time it contacted the car is the requirement.

 

[BlockO]

it's got to be one or the other because on most policies, that would be considered collision.

any other moving object would indeed be comp but the exception is when the object falls from someone's vehicle. most companies (or states, whichever the case may be) file the claim as collision.

my guess is that it is a company thing. But I could be wrong about that. the fact that OK doesn't have UMPD may have something to do with it.