Who is liable for damages on a company truck?

Discussion in 'Questions From New Drivers' started by Leon Phelps III, Mar 18, 2013.

  1. 123456

    123456 Road Train Member

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    1. when you hire on to a company, you sign alot of paperwork.

    2. you need to retain a copy of everything you signed.

    3. then you have it in writing in case of any problems later on.

    Good Luck
     
    CondoCruiser Thanks this.
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  3. WV_Daddys_Girl

    WV_Daddys_Girl <b>Crusty Ole' Wifey</b>

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    Unless you've signed documentation authorizing a wage garnishment by the employer or a contract stating that you will be held liable for accidents/damages to the company-provided vehicle, then the answer is no - you are not responsible. You need to read up on wage garnishment laws at the DOL:

    http://www.dol.gov/compliance/guide/garnish.htm

    I'm curious of your comment that you are unsure who's providing auto insurance? Is there no insurance card/document within the vehicle stating who the insurer and insured entities are?

    You need to file a written compliant to your state and federal Department of Labor regarding your situation. It appears to me based on your original post you are dealing with a very shady company. You need to document everything from here on out, gather any paperwork you may already have and keep written logs of communication between you and said company - CYA.
     
    superpet39 Thanks this.
  4. sharp.dressed.man

    sharp.dressed.man Heavy Load Member

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    Sorry off topic, but what is the upside of your arrangement? Do you get paid more per mile?
     
  5. RickG

    RickG Road Train Member

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    Whether you are liable for the damage or not they cannot deduct damages from your pay unless you signed an agreement allowing them to do so . Previous posts gave good advice . I hope you read everything carefully when hired .
     
    WV_Daddys_Girl Thanks this.
  6. CondoCruiser

    CondoCruiser The Legend

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    I recently contacted the DOL and they come back asking what type employee I was. Here's the email to give you an idea. You are (i) and (l).


     
  7. chompi

    chompi Road Train Member

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    Like the other poster stated, you are technically a company driver and at most companies you are not responsible for any damages occurred to any equipment unless you have signed an agreement stating otherwise. Yes the people you work for have insurance otherwise they would be in big trouble.

    Some companies do make you pay for damages. The company I am currently with made me sign a contract stating that I am liable for damages if I am at fault and will have to pay any deductible or claim for damages.

    Most companies though do not do this. Otherwise not many people would be making money out there! Have you seen some of these mega-carriers equipment?!
     
    WV_Daddys_Girl and CondoCruiser Thank this.
  8. CondoCruiser

    CondoCruiser The Legend

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    That is the right way if an employer wants to do it. Problem is too many don't make an employee sign a contract until it's too late and then try to force it upon the employee. In normal life employees messing up stuff is just part of doing business. That's why they make insurance. If you want no deductible then pay for a policy with no deductible.
     
    WV_Daddys_Girl and chompi Thank this.
  9. RickG

    RickG Road Train Member

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    After rethinking this you probably can't seek DOL assistance . You are a contractor , not an empoyee . Still , damage responsibilities should be written out in the contract.
    You need info on how to report illegal contractor classificatio to IRS
     
    WV_Daddys_Girl Thanks this.
  10. chompi

    chompi Road Train Member

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    If you didn't sign anything saying you would pay for damages then they cannot hold you liable.
     
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