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Vehicle damaged by Railroad crossing guard...Railroad not accepting responsibility

Posted on 8/27/22 at 8:41 pm
Posted by RatchetStrap
Greater Iberia Parish
Member since Jan 2020
29 posts
Posted on 8/27/22 at 8:41 pm
So after reading a recent similar thread on here it has me wondering what would the OT do regarding my situation...Pretty lengthy so bare with me.

A couple of months ago I was in Lawtell,LA stopped at a rural railroad crossing. I'm sitting at the crossing behind a car as a train passes by in the middle of a pretty severe thunderstorm. After the train clears, the crossing guards go up and the car in front of me crosses. Simultaneously a car across the tracks from us crosses as well. As I approach to cross the tracks, the guard rail lights begin flashing and begin to come down. I immediately stop and can't get into reverse fast enough as the guards come down in a matter of seconds and one sets down across my hood. After setting down for a couple of seconds the guards pick back up to their fully upright position and remain there. No train was coming and it was obviously just a malfunction of the crossing guard system. In result my truck ends up with a nasty dent and scratch across my hood where the guard made contact. The place where I'm headed is a quarter mile down the road and when I arrive I speak with this local guy about it and he knew exactly what happened as soon as I began explaining. He tells me this crossing guard has been known to do that but he thought it had been fixed as he had not seen or heard of it happening in awhile. I look up who the rail line belongs to and call the railway company to put in a claim that very day. I get an email the following week on the railroad company's very lengthy claims process and go through it submitting all the necessary claim paperwork, proof of damage, registration, quotes for repair, etc. After 30 days my claim is reviewed and I receive this letter in the mail.

"Dear Sir, This is to acknowledge your claim filed for damages to your vehicle on such and such date in Lawtell, LA.

When (Railroad Company name) receives a notice of claim such as yours all avenues of responsibility, obligations, and liability are reviewed under the guidelines of the (Railroad company Law department). Crossing signals are very carefully designed to work properly, and after years of experience they have proven very reliable. They are regularly tested to ensure they work properly. After receiving your claim info we immeditatley began to investigate your clai. According to our records, the safety signal equipment at the crossing in question was operating as intended on the date in question. I regret to inform you that your claim against (Railroad company) is respectfully disallowed in full.

Sincerely,
Railroad company Risk management specialist."

I'm curious if anyone else has had a similar experience with something like this. I'm thinking my next step is to contact a lawyer to get this resolved. At the end of the day all I was looking for is for them to cover the repairs to my vehicle but them basically calling my claim BS really burns my arse.

This post was edited on 8/27/22 at 8:53 pm
Posted by The Boat
Member since Oct 2008
171553 posts
Posted on 8/27/22 at 8:42 pm to
The railroad can do whatever the frick they want and answer to nobody
Posted by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
5943 posts
Posted on 8/27/22 at 8:44 pm to
Sounds like the denial of your property damage claim gonna cause you to remember the neck and back pain that the collision caused.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
28314 posts
Posted on 8/27/22 at 8:46 pm to
I am assuming you do not have collision/comprehensive on the truck. If you do file a claim with your insurance.
Posted by RatchetStrap
Greater Iberia Parish
Member since Jan 2020
29 posts
Posted on 8/27/22 at 8:49 pm to
I do, I just didn't think I would have to at the time. Originally I thought it would be a really straight forward process. At the time thinking this is something they would have past reports or history of dealing with at the crossing in question.
Posted by diat150
Louisiana
Member since Jun 2005
45972 posts
Posted on 8/27/22 at 8:50 pm to
This is why you should have a dash cam.
Posted by Ponchy Tiger
Ponchatoula
Member since Aug 2004
47478 posts
Posted on 8/27/22 at 8:50 pm to
quote:

The railroad can do whatever the frick they want and answer to nobody




There is a lot of truth here. I know a railroad cop. Most people are totally unaware that the railroad has their own police and they have a lot of power are not just there for decoration. The have as much or more power than state police.
Posted by tigerinthebueche
Member since Oct 2010
36937 posts
Posted on 8/27/22 at 8:56 pm to
Truth. Railroad police answer to (damn near) no one.
Posted by Slinger16
Not Louisiana
Member since Jun 2007
21884 posts
Posted on 8/27/22 at 8:56 pm to
Railroads are only answerable to God.
Posted by boudinman
Member since Nov 2019
6101 posts
Posted on 8/27/22 at 8:57 pm to
Strategically pkaced tannerite to crossing guards might solve the problem from happening again.
Posted by beachdude
FL
Member since Nov 2008
6088 posts
Posted on 8/27/22 at 8:58 pm to
bullshite. Intermittent electrical anomaly and the RR knows it. Their first reaction is to send that denial letter. There may be cc tv footage of this location or possibly rear facing camera on the train that passed. Regardless, RR is liable if it happened the way you describe. Don’t give up. See an attorney. And, maybe you should see a doctor about that terrible neck and back pain you just developed.
Posted by James11111
Walnut Creek, Ca
Member since Jul 2020
5252 posts
Posted on 8/27/22 at 8:59 pm to
quote:

The railroad can do whatever the frick they want and answer to nobody
Posted by biglego
San Francisco
Member since Nov 2007
80035 posts
Posted on 8/27/22 at 9:01 pm to
quote:

The railroad can do whatever the frick they want and answer to nobody


/thread.

Make an insurance claim and move on.
Posted by Planetarium
Member since Jul 2020
302 posts
Posted on 8/27/22 at 9:27 pm to
Two scenarios;
1. Your story is BS. The gates didn’t malfunction. You were the first vehicle stopped, you pulled too far forward and the gates hit you. If so, that’s in no way the RRs fault.

Or

2. What you say is true. However, you left out the fact that when you started across the crossing while the gates were going up, the red lights were STILL flashing, in which case you broke the law, REGARDLESS if there was a malfunction and the gates came back down. You’re not only at fault, but you can bet the RR police are mailing you a ticket.
This post was edited on 8/27/22 at 9:29 pm
Posted by Allister Fiend
Member since Jan 2016
909 posts
Posted on 8/27/22 at 9:32 pm to
I had a Grand Cherokee a few years ago that had its windshield busted by a sweeper on the tracks. It was throwing rocks everywhere. They wouldn’t pay to replace it. Pissed me off to no end.
Posted by Cracker
in a box
Member since Nov 2009
18894 posts
Posted on 8/27/22 at 9:33 pm to
For as cheap as they are chicken should give them away to premium members
Posted by Funky Tide 8
Bayou Chico
Member since Feb 2009
54805 posts
Posted on 8/27/22 at 9:34 pm to
There needs to be a movie made about railroad police.
Posted by BiggerBear
Redbone Country
Member since Sep 2011
3067 posts
Posted on 8/27/22 at 9:35 pm to
Just show them your dash camera footage.
Posted by wheelr
Banned
Member since Jul 2012
5800 posts
Posted on 8/27/22 at 9:38 pm to
quote:

Crossing signals are very carefully designed to work properly, and after years of experience they have proven very reliable.


This is debateable. I just so happen to be surfing youtube yesterday and came across tons of videos of crossing signals malfunctioning.
Posted by potent357
Prairieville
Member since Jan 2010
4137 posts
Posted on 8/27/22 at 9:42 pm to
Just curious why you did not name the RR company? The only tracks that border Highway 190 passing through Lawtell are CN.
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