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Tractor Talk Discussion Forum

Highway liability question

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txgrn

05-06-2005 05:44:53




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You guys that have numerous fields spaced miles apart: What do you do about liability insurance, or just public liability, while on the highway?

I have some leased land that is away from the homestead. My insurance agent said that the land was considered an extension of my homestead and was covered by that insurance..... but what about going to and from?

Beins one of my "considerate" neighbors bout ran over me yesterday, it has become an immediate item of concern.

Gonna ask her but just wonder what you do.

Thanks,

Mark

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MarkB_MI

05-07-2005 04:15:48




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 Re: Highway liability question in reply to txgrn, 05-06-2005 05:44:53  
Mark,

It's unclear what kind of insurance policy you have. If it's a "farm and ranch" policy, then you should be covered for activity related to your farming activities. Best to read the fine print, though. If you just have a homeowner's policy, then I would guess you are not covered once you're on the road.

Something I'm thinking of doing is getting an "umbrella liability" policy. These policies cover you only after your other policies (homeowners, business, auto, farm, etc.) have paid out. These are relatively cheap, but could save you from bankruptcy in the case of a large judgement.

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txgrn

05-07-2005 05:30:30




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 Re: Highway liability question in reply to MarkB_MI, 05-07-2005 04:15:48  
Mark,

It's Farm and Ranch and on the umbrella, amazing how fast you could eat up a couple hundred thousand in a litigation dispute. Don't know how you can survive without it.....unless you have nothing to loose.

Thanks,

Mark



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doodelbug

05-06-2005 17:56:14




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 Re: Highway liability question in reply to txgrn, 05-06-2005 05:44:53  
mark, im going thru this insurance and moving equipment from place to place. if your doing it as part of your farm work ( not getting paid as in a buisness) and you are on FM roads or county roads and have SMV signs your regular insurance will cover it . i have a buisness doing farm work for others so i have to have commerical type insurance.im about 30 miles south of you so it should be the same. this info was from 3 different insurance companies.

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txgrn

05-07-2005 05:28:00




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 Re: Highway liability question in reply to doodelbug, 05-06-2005 17:56:14  
Yes to: personal, SMV, county rock road, insurance on tractor; but it's not liability. State Farm doesn't offer it; course commercially, I didn't ask.

Thanks,

Mark



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Rauville

05-06-2005 16:21:15




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 Re: Highway liability question in reply to txgrn, 05-06-2005 05:44:53  
A couple of years ago a local farmer was traveling after dark down the highway with a tractor and large round bale on 3 point spear. Of course, SMV was hidden behind bale, and only rear light was a clear lens work light. He was rear ended by a young lady who claimed she thought the rear light was an approaching vehicle in the distance.
This went through the court system, and the farmer was found liable for all damages. So, if you are on the highway, be sure you are running legal and safe!

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DP

05-06-2005 08:50:16




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 Re: Highway liability question in reply to txgrn, 05-06-2005 05:44:53  
Check your laws out carefully. Local wakeup call here a few weeks ago. Motorcycle carrying two people rearended a field cultivator being pulled down the hiway at night. Tractor had lights, but I don't know about the cultivator, or if it was even new enough to have lights. Saddly both were killed, and theres been lots of questions about liability now. Don't know how this will all turn out yet.



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thurlow

05-06-2005 08:33:30




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 Re: Highway liability question in reply to txgrn, 05-06-2005 05:44:53  
Paul, the Cowman (and maybe others) are right; farm liability SHOULD cover you; most farmers around "here" have an additional umbrella liability policy (employees, cattle, equipment, etc) one to five million, depending on size of operation; cheap/rest-easy-at-night insurance; without looking it up, I think one million is about $300 annually.



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txgrn

05-07-2005 05:24:04




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 Re: Highway liability question in reply to thurlow, 05-06-2005 08:33:30  
That's ok fine Thurlow ole buddy, but the (one of the policies) policy has to state under what conditions the umbrella kicks in over and above the regular policy and what specifically is covered by that.

Mark



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thurlow

05-07-2005 15:14:44




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 Re: Highway liability question in reply to txgrn, 05-07-2005 05:24:04  
Mark, I claim no expertise in insurance matters; before the agent would write the umbrella policy, I had to have a farm liability policy which met "their" criteria; only change I had to make was to increase the coverage on a couple of farm trucks to $100,000; 300,000; 300,000 or it might have been 250, 500, 500; can't remember. Umbrella policy only kicks in if you're sued (and found liable) beyond the limits of your initial farm policy..... .SUPPOSEDLY covers you for everything you are liable for in operation of your business.

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Galen

05-06-2005 08:21:23




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 Re: Highway liability question in reply to txgrn, 05-06-2005 05:44:53  
Don't know where you live, but check with your county Sheriff. Some states have what is called an "Implements of Husbandry" Law. Simply put - if you are operating correctly, with all safety/warning devices in place, then you have the right of way. Your liability insurance SHOULD cover.



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Nebraska Cowman

05-06-2005 07:56:08




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 Re: Highway liability question in reply to txgrn, 05-06-2005 05:44:53  
I carry a farm liability policy and all rented land is listed.



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txgrn

05-07-2005 05:21:14




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 Re: Highway liability question in reply to Nebraska Cowman, 05-06-2005 07:56:08  
Me too. The question is what about while traveling to and from and best I can tell is that you are in unknown territory.

Mark



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Allan in NE

05-06-2005 07:55:32




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 Re: Highway liability question in reply to txgrn, 05-06-2005 05:44:53  
Hi Mark!

Your equipment is covered by the farm insurance and that's about all.

IF you have the proper slow moving sign and IF you are legal otherwise, you are just one step away from being a pedestrian on a roadway.

Not to say that ya can't end up just as dead, but the other guy is supposed to look out for you. :>)

Allan



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txgrn

05-07-2005 05:20:03




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 Re: Highway liability question in reply to Allan in NE, 05-06-2005 07:55:32  
I like the rubber words "supposed to". Grin

Mark



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paul

05-06-2005 06:35:34




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 Re: Highway liability question in reply to txgrn, 05-06-2005 05:44:53  
My understanding is that farm liability insurance covers your use of farm equipment for farming - including the transport of such.

As with all insurance, no matter what anyone says, you don't really know 100% for sure until you need it..... Sigh.

--->Paul



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Oliver

05-06-2005 07:16:11




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 Re: Highway liability question in reply to paul, 05-06-2005 06:35:34  
My guess is you don't know 100% for sure even after you read it. That's why there are so many lawyers.



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edchainsaw

05-06-2005 20:19:16




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 Re: Highway liability question in reply to Oliver, 05-06-2005 07:16:11  
I have a distant cousin- a lawyer- that worked for the Late govenor of Indiana for a while

the state law reads (but not all law officals know it) that Farm EQUIPMENT (all) has the Right of Way on all roads in INDIANA-- law was writen prior to the lights and warning signs were made...

NOW the trick is MOST POLICEMEN do not know the laws.. and if you as a farmer do something stupid you should pay...

and sad to say there was a move afoot to change that law,... that wold be disastorus

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txgrn

05-07-2005 05:18:53




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 Re: Highway liability question in reply to edchainsaw, 05-06-2005 20:19:16  
I think in Texas, as long as you have your slow moving emblem displayed, you have the right-of-way. But I'm gonna check it. My insurance lady couldn't give me a definite answer; all she said was that they would defend me, but didn't say that I had a chance of winning.

Guy came highballing around a blind curve the other day and all but ran me off the road. Had I been in my big tractor or had a plow or baler in tow, we would have been head on. He is retired and knows better, and when I got home I called him and he was home and in questioning him, there was no reason for all the hurry.

Course, what good is that emblem on the rear of your tractor for oncoming traffic?

Mark

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