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  1. #1
    Big Traveler CWSWine's Avatar
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    Exceeding the GVWR

    While at our local fireworks display I ran into my lawyer that is also an RVer. He stated that at the Spring Retreat they had a seminar on RVing, baby boomers, and large and larger RVs. The increase of RVs on the road and the aging population using them that accidents have increased nationwide. He quoted RVSaftey that over 50% of RVs on the road are exceeding at least one manufacture specs. He advises me to follow what every it says in the truck’s/RV manual and towing guides because in civil case those numbers are gospel. He said the chance of the rig being weighted at the accident scene is slim. They were told to check the VIN of both the RV and the Truck for dry weights and if the truck is less than a few hundred pounds over or less than the RV pin weight there could be a case. They provided him with a list of the expert witness that worked in the RV and truck industry to help them through the numbers and will also testify in court.


    I ask why there isn't more information on cases and he said the majority of them are out of court settlements. The majority of lawyers will advise a client that's at fault to settle out of court due to high awards that can be given by a jury of non-rvers. He said the fact of being overweight could easily push a settlement into the 6 or 7 figure range that may have been a few thousand dollars.

    He also stated due to the weight of the RV and the amount of damage and injuries it could cause in an accident the standard 250,000 isn't near enough insurance. He recommended at least 1 million umbrella policy.


    I think people giving the advice to ignore the "Federal Safety Compliance Certification Label" and it's fine to exceed the GVWR assigned to your truck is giving out bad information that could cost someone their life savings. What they are looking for is the guy with the truck's payload is lower than the 5ers dry pin weight or within a couple hundred pounds and why you can exceed any of the ratings isn't based in fact.



    I'm not going to debate this but stated what I believe is fact from a reliable source.
    Last edited by Cate&Rob; 07-16-2018 at 01:40 PM.
    Dennis & Ellie
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  2. #2
    Long Hauler Canyonlight's Avatar
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    Dennis - thank you, for sharing this......great information. Two things stand out.

    First the explanation of why there seems to be very little information out there about court case settlements helps to answer this question so often asked by the RV world. It is rare that cases settled out of court disclose any details as confidentiality is most often part of the deal.

    Secondly, using the truck payload sticker and dry pin weight (trust TT tongue weight as well) is extremely interesting. But as pointed out w/o weighing after the accident, what else is there to use. It is a rare event (I hope) and totally irresponsible where someone starts out right out the box with dry pin/tongue weights exceeding payloads but in these cases it seems very appropriate to place liability and responsibility on the RVr other issues notwithstanding.

    You and most of us are well aware of how many hundreds and even thousands of pounds can and will be added to the pin/tongue (let alone the tow vehicle itself) and this is most often the real issue where weights are exceeded in many cases.

    Dan
    Dan & Carol
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  3. #3
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    Yep. I've seen too many threads on various forums where the advice has been to not worry about the rv exceeding the payload sticker on the truck. I've stated numerous times, in the event of an accident, the stickers are going to be what lawyers look at. You may not get prosecuted by the district attorney, but a civil lawsuit could be just as painful if not more so.
    2017 Ford F450 - our kids call her "Big Red"
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    Lexx at least that is one thing we don't have to worry about is our pin weights exceeding the payload of the truck. I knew there was a reason I bought a dually for our 303. You are even in better shape then I am. I have a dry pin weight of 1685# and my truck has a payload of almost 5500# and gvwr of 14000#
    Butch

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  5. #5
    Site Sponsor theclarks's Avatar
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    Quote Originally Posted by butch50 View Post
    Lexx at least that is one thing we don't have to worry about is our pin weights exceeding the payload of the truck. I knew there was a reason I bought a dually for our 303. You are even in better shape then I am. I have a dry pin weight of 1685# and my truck has a payload of almost 5500# and gvwr of 14000#
    Butch, we went thru the CAT Scales after picking up our 303, Pin was 1920# empty or so I thought, couple that with what I thought the payload of my Chevy 2500HD was at 3100 turned out to 2600# and 200# PullRite Hitch I was close to being over from the get go. . . . . .
    Joe & Dee
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  6. #6
    Big Traveler
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    Quote Originally Posted by butch50 View Post
    Lexx at least that is one thing we don't have to worry about is our pin weights exceeding the payload of the truck. I knew there was a reason I bought a dually for our 303. You are even in better shape then I am. I have a dry pin weight of 1685# and my truck has a payload of almost 5500# and gvwr of 14000#
    Butch you have a lot more payload capacity than I do. My sticker shows 3950 pin weight. I was going after the tighter turning radius and bigger brakes. I doubt we will ever be in a fiver that gets close to the payload max. 34 ft is a good length for us. I just wish we had bigger storage tanks. 43 gal for shower water is ridiculous.
    2017 Ford F450 - our kids call her "Big Red"
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  7. #7
    Long Hauler D2Reid's Avatar
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    Quote Originally Posted by TheLexx View Post
    the advice has been to not worry about the rv exceeding the payload sticker on the truck.
    I have stated on forums that I have exceeded gross weight restrictions on my former 5th wheel. I am well within specs on my Momentum, one of the reasons for the trade.

    I will never recommend that someone do this, I will warn them that if they do they are opening themselves up for a liability issue.

    If you are over gross, don't ever publish it on a social media site, keep it a secret.

    I found it very interesting that they would use sticker weights as a basis for judication. The obvious defense for this is a series of certified weights showing that you were within specs. Easy enough to accomplish, just take a half hour at a CAT scale and get weighed.

    The stats on aging RV'ers and larger RV's is interesting. Hopefully we will stay out of the lime light enough to escape government intervention. It's probably on it's way, I will be one of the first to sign up for my RV CDL class when it happens, until then I will just be responsible for myself and my own actions.
    Dallas
    2017 Momentum 376TH, 2019 Ford F450, Dual Rear Wheel, 4x4, diesel.
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  8. #8
    Seasoned Camper
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    It amazes me everyone people ask on here, can I tow this with my truck? What they are normally wanting is validating for going over the limit. Take it from a doctor who's been in court. Lawyers on the opposing side will eat you alive if break the manufactures recommendations. Do this and accidentally kill someone and you better get to know the term involuntary manslaughter.

    Sent from my SM-G955U using Tapatalk

  9. #9
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    Quote Originally Posted by theclarks View Post
    Butch, we went thru the CAT Scales after picking up our 303, Pin was 1920# empty or so I thought, couple that with what I thought the payload of my Chevy 2500HD was at 3100 turned out to 2600# and 200# PullRite Hitch I was close to being over from the get go. . . . . .
    I agree the 1685# is not close. When we picked up ours on the way home I ran across a CAT scales (also did it on the way up to pick it up) and we were 2020# on the pin with nothing in any tanks, a battery and full propane tanks. Some of mine was due to the Reese Airbourne Sidewinder pin box we had installed a lot heavier than the stock pin box .
    Butch

    I try to always leave doubt to my ignorance rather than prove it

    2020 Imagine XLS 17MKE
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  10. #10
    Seasoned Camper
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    I was just discussing the need for an Umbrella policy with a friend over the weekend. My insurance rep strongly suggested it and I took his advice. I was surprised at how inexpensive it was to add to my policy. I think everyone should educate themselves on what an Umbrella policy is and add it to their existing insurance coverage.

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