Who is liable for damages on a company truck?

You are really a company driver..
You posted about the issue before.Turn them in to the labor board, but have all your facts and papers when you do..
1099 is O/O who can turn down freight. You have the bills of the fuel etc..
You are really a company driver, no matter how they try and blow smoke up your back side..

 

I would contact an attorney, Maybe pay the attorney to contact him Because I had a friend that works for FedEx and I think he got into a small accident did a little bit of damage and he was never chased down for a deductible or repair bill. Good luck nonetheless

 

You fit the definition of an employee of the contractor. Just because he is wrongfully giving you a 1099 doesn't make you a sub-contractor. Unless you signed a pre-employment agreement to pay for damages it is too late for them to back up now. It's also illegal to coerce you into paying or sticking their hand in the cookie jar to satisfy their wants. Who holds the policy has control which deductible he buys. Because he is a cheapy doesn't fall down on you. No you are not responsible. File a complaint with your state's DOL Wage and Hour division. They will set them straight.

Besides all that hitting an elk is considered an act of god and I wouldn't think a deductible would apply?

 

If you drive a truck for someone who leased that truck on w/ a carrier then technically you work for the guy who owns the truck even though you get paid, dispatched, etc through another company. It would also be the guy who owns the truck is responsible for Physical Damage coverage - the owner may have this coverage through the carrier or he may have purchased it outside the carrier. What is your contract / agreement with the owner of the truck?

Definitely not a lawyer here either this is just my observation of the situation. IMO it isn't right that they do not pay the share of taxes on you as it appears you are a company driver. The carrier it looks as though the business plan calls for O/O to avoid truck / trailer purchases and / or paying taxes for what should be classified as company drivers.

There was a recent post on here about a member who had his paycheck garnished for the deductible on a cargo claim in which the t/t were stolen. They found the t/t undamaged so no physical damage claim. Let us know how it turns out.

 

You might be. Ask a lawyer as everyone else here suggested. Hope this turns out well for you.

 

Wait a sec here-?R u sayin YOU damaged a man's truck it someone else hit it?? Maybe im missing something?