Towing at near max for your truck

@William White
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Mike you are such a daft f*kker and I would definitely say that to your face in a crowd. Bring it on Puss.

However because you clearly have an intellectual handicap:
.
Wow…… why are you so mean and angry….and if your going to say fuck say fuck…. * are annoying and a bit gay…and you missed one…. F**ker is two stars and no extra k

so please explain why you have lost your mind on a boat forum because someone disagreed with you?
 
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@William White
As a new member let me first say welcome aboard!

And let me be the first to introduce you to a useful forum feature.
Click on any members name and you have the option to ignore any member.
You will likely find it useful...

View attachment 126696
Ignoring a different view ?…. You will in the end ignore everyone except yourself…. Toughen up
 
@William White
As a new member let me first say welcome aboard!

And let me be the first to introduce you to a useful forum feature.
Click on any members name and you have the option to ignore any member.
You will likely find it useful...

View attachment 126696
Maybe you should reread the thread. I pointed out something that has been logically proven wrong several different ways, was personally attacked and you show me on ignore? What is up with that?
 
Wow…… why are you so mean and angry….and if your going to say fuck say fuck…. * are annoying and a bit gay…and you missed one…. F**ker is two stars and no extra k

so please explain why you have lost your mind on a boat forum because someone disagreed with you?
Gay?...he just likes to dance...you better watch out mister.
tutu.jpg
 
Seems like a lot of panties getting in a twist lately around here. You all just upset Bidans approval rating is in the toilet or what?
 
Doing some searching, I haven't come up with any clear-cut instances where insurance didn't cover due to an accident caused by being over GVWR, but, knowing how the courts work, I wouldn't want to take the chance. If a gun manufacture can be sued because one of their guns was used in a murder, I have to believe we'd be hung out to dry if we were found to have caused a wreck.
 
I once did a fair bit of traveling in the U.S., with a truck and 5th wheel trailer. I was interested in insurance and towing laws because of that risk. I spent the extra money to ensure that my truck was adequate for the job: a 3500 diesel.

The following relates to the topic of DUI that came up but there are certainly parallels to boat trailer towing.

"Depending on what state you live in and which vehicle insurance company issued your policy, you could face a number of insurance-related problems -- ranging from having your policy canceled to the insurance company denying coverage of any personal injury or property damage claims made against you as a result of your DUI.

Denial of Coverage After a DUI
A liability vehicle insurance policy typically provides coverage for any accident in which the policyholder (or someone else covered under the policy) drives in a negligent manner -- and perhaps even in a grossly negligent or reckless manner, depending on what the policy says -- and causes a car accident. But no insurance policy will cover any vehicular accidents caused by intentional conduct.

Some automobile insurers like to argue that drinking and driving is intentional conduct, since that argument (if accepted) will allow the company to disclaim coverage for damages resulting from a DUI -- whether injuries and vehicle damage sustained by the driver and/or passengers in the vehicle you hit (under your liability coverage), or your own losses (under your personal injury protection or similar coverage).

The insurer's argument here is that the driver intentionally put him or herself in a position to cause the accident -- i.e., the driver intentionally drank alcohol, intentionally got drunk, intentionally drove after getting drunk, and knew (or at the very least should have known) that drinking and driving is extremely dangerous. (Same as towing overloaded).

If you cause an accident while you are intoxicated, your auto insurer will at least investigate the circumstances of your crash before it ever agrees to accept liability for any damages. If the insurer takes the position that you acted intentionally to cause the accident, it may refuse to defend you and may deny coverage for damages relating to your accident. This is especially true if you're trying to get coverage for injuries to other drivers and passengers. But if you're just trying to get the insurer to pay for vehicle damage under your collision coverage, the insurer may not attempt to deny that claim. If your insurer is denying coverage for bodily injury, you might need to hire a lawyer to try to convince the insurer to change its mind. That may be difficult with a battery of well-paid company lawyers against you.

Limitation of Coverage
Even if your insurer agrees to defend you for damages relating to your DUI accident, it will still not defend you against a claim of intentional misconduct, or pay for damages relating to a charge of intentional misconduct.

As you may know, the majority of personal injury claims are based on the fault concept of negligence (which means carelessness or the failure to act with reasonable caution). That is because most people and companies do not act intentionally to injure someone. But occasionally someone will cause harm through an intentional act (which is usually defined as an intentional tort (where it was known or should have been known, that the act could cause harm).

The lawyer in a personal injury case involving a DUI will add a claim for intentional misconduct against the at-fault DUI driver. If the case goes to trial, and a jury awards the plaintiff damages for the driver's intentional misconduct, the DUI driver's insurance company will not pay for those damages. The defendant will have to pay for intentional misconduct damages out of his/her own pocket. For financial liability purposes when it comes to the intentional conduct charge, it's the same as driving without insurance.

Cancellation of Insurance Policy
To a vehicle insurance company, a DUI conviction makes an insured driver a bad risk. Why should the carrier insure a bad risk? It's better for the insurer to simply cancel your coverage. Still, automobile insurance is highly regulated in most states. Some states will not permit an insurer to cancel your coverage for a DUI. But you should assume that, in any state where an insurer is legally permitted to cancel a driver's automobile coverage for a DUI conviction, it will do so.

Your Car Insurance Premium Will Go Up
If your insurer cannot cancel your coverage, it will certainly increase your premium drastically after a DUI conviction. And, if your prior coverage is cancelled and you have to look for coverage with a new insurer, you should assume that that new insurer will quote you an exceedingly high -- perhaps prohibitively high -- premium. That is their way of avoiding high-risk clientele.

How Long Will a DUI Stay on My Record?
The laws differ from state to state, but you should assume that a DUI will stay on your record for a minimum of seven years. Your car insurance premium will be affected for as long as a DUI is on your record."

Beyond civil action there is also the likelihood of criminal action in cases of serious injury or death:
"Criminal negligence refers to conduct in which a person ignores a known or obvious risk, or disregards the life and safety of others. Federal and state courts describe this behavior as a form of recklessness, where the person acts significantly different than an ordinary person under similar circumstances."
*The information provided herein is not legal advice.
 
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Doing some searching, I haven't come up with any clear-cut instances where insurance didn't cover due to an accident caused by being over GVWR, but, knowing how the courts work, I wouldn't want to take the chance. If a gun manufacture can be sued because one of their guns was used in a murder, I have to believe we'd be hung out to dry if we were found to have caused a wreck.

The truth is that it really does not matter in a significant way. A car ran a red light, witnessed by several people, while failing to yield to a truck that was found to be completely legal and a child died in the accident. In the end the trucking company was still assigned 20% responsibility for just being there by the court. Being overweight would not have greatly changed the circumstances. We all would expect that the blame would be strictly on the car but that is not how courts work…
 
I have done research too and have not found any specific cases of insurance denying a claim but I also know how courts work and my fear would be leaving a civil decision in the hands of 9 jurors (usually 9 in a civil cases) where only 5 need to believe the 'victim' to change my life forever. Imagine I'm legal to tow 10,000 and I'm towing 10,500 and I'm in an accident where a car goes through a red light but I hit them and the whole family dies. If a good enough expert witness is brought in and tells the jury that my stopping distance was increased by 10% because of being overweight then the jury finds me 25% at fault in a $10M case then that will change my life forever. I have not seen specific cases of this but don't want to take that chance. If a lady can sue McD's for her spilling her hot coffee on her then...

And yes I was a witness in a civil case where 3 kids were hit by a car on the way to their bus stop. IIRC the driver was 70% liable, the school district was 20% liable and the kids were 10% liable. Might be off by a few % points but that was the ballpark result.
 
Umbrella policy...

And round-a-bouts!!

So timely this post. I just paid my umbrella for the year and read some of the new exclusions. One new one for me this year is the exclusion of coverage for/during manufacture, use, transport, etc of controlled substances. I'm not a user but have plenty of friends that enjoy gummies throughout the summer. I believe this new exclusion would be impactful if someone made some mistakes whilst partaking in a gummie...
 

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