My travel trailer was attached to my tow vehicle by the dealer and came off the hitch while I was driving. Are they liable?
2 attorney answers
That may well be the case unless it was caused by a manufacturer's defect before the dealer ever got involved.
You need to report the accident to your auto insurance carrier immediately. Your insurance policy is a binding contract between you and your insurance carrier. Each and every policy has a clause requiring its insureds to report any accidents or incidents in a timely manner. Failure to do so within a reasonable time can lead to the insurance company attempting to deny coverage by sending a disclaimer letter and later a denial letter. This is the very reason you have been paying insurance premiums. Let your insurance carrier earn its keep. Your company can investigate the cause of the trailer becoming detached.
Next, report the accident to the liability insurance carrier for the dealer (you will have to call the dealer for the name of its liability carrier). You can tell them that since their employee was the one who attached the trailer to your vehicle, their business would retain liability for this accident since you left the workmanship in this case to the professionals at their dealership.
Please do not message me for further advice or call my former law firm if you have any further questions. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm.
Sign up to receive a 3-part series of useful information and advice about personal injury law.