7 On Your Side: UPS won't pay damages after driver runs man off road

SECAUCUS, New Jersey (WABC) -- A driver in New Jersey ended up in a fight with UPS, but not over a missing package. Instead, it involved a terrifying accident on a busy highway.

Michael Kerner was run off the road by a big-rig, and while insurance helped pay for most of his costs, the battle didn't end there.

Video captured the incident, with sparks flying as Kerner's silver Mitsubishi Lancer leveled a streetlight and nearly wound up in oncoming traffic. He knows he's lucky to be alive, his compact car no match for the 18-wheeler that swerved into his path on the Meadowlands Parkway.
"I went right through the traffic light," he said. "Sparks flew, blew out two tires."

And the UPS driver never stopped.

The car was totaled, but when his insurance tried to get UPS to pay for damages, Kerner said the world's largest package service refused to deliver.
"They're not claiming liability for the accident," he said. "And I was kind of shocked because of the video and the police report."

The Secaucus police accident report blamed the accident on the UPS tractor trailer improperly changing lanes.

"It seems pretty cut and dry it was their fault," Kerner said.

His collision insurance covered the value of the car, but he was still out of pocket almost $300 in car rental fees and another $250 for the tow. Those were not covered by insurance, so he tried but failed to get UPS to pay up.

His luck was about to change, though, thanks to 7 On Your Side. After our calls, UPS took a second look at the claim and finally, Brown delivered.

"They gave me a check for $575 and some change," Kerner said.
His fees and missed work wages were covered, and he received an apology from UPS. Still, it took UPS a full week to get Kerner's check to him. Ironically, the delay was because UPS sent the check out via USPS and not its express service.

The big takeaway is that collision coverage is the insurance that covers accidents; but it isn't for everyone, especially if your car is older. Also, review your coverages. Kerner never knew he didn't have rental or tow coverage.
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