Stolen Trailer Rims and Tires!

Discussion in 'Experienced Truckers' Advice' started by Zleinad, Jan 28, 2012.

  1. Zleinad

    Zleinad Bobtail Member

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    Stolen RIMS and TIRES on the trailer

    Hello guys and gals i am new to this forum as well to the trucking. Been driving a truck almost a year now for a company based from IL.
    Just recently i was taking a load from NY-Fl . I live in Florida and this was a load with extra few days so i can visit my family based in Fl. Company knew and allowed me to park the truck and visit my home for a day after i was empty. To make a long story short i was told to leave the truck at the PILOT truck stop here in Florida ( port charlote) exit 161. This was my first time leaving the truck and trailer over night unattended.
    After returning to the truck i hooked it up got outside to do my pre-trip and i was shocked to find out that the all 4 rims and tires from my trailer (passanger side) were gone (stolen).
    I notified the company right of way as well as the police who came, made a report took fringerprints and interviewd other truckers in the area. After about 5 hours road side came along to put new rims and tires. After guy installed the rims and tires he was ****ed off to find out that my company did not want the USED rims and tires but NEW. Anyway, he added extra 5 hours and what it seems to be forever came back with a right set and replaced it.
    Ok finally i got to my question. After talking to the owner of the trailer ( we have few guys that owe trailers and they lease them to the company) i was under the impression that not only will i have to pay for the insurance deductable but actually full amount of new set of rims and tires! I dont feel that i should be paying for new set of rims and tires 1 being the tires that got stolen were not new second, i was told that it was ok for me to park the truck and trailer at the place where they got stolen and that this was a theft. I was just wondering if anyone had something like this happened to them and are company drivers, if so could you please share your unfortunate story and tell me if you had to pay for the new rims and tires. The amount came up to be around $4200 i also pay $200 for insurance but i think this is just for the works comp. I was also told that they will take out the full amount of $4200 and if insurance pays i would get reimbursed the full amount minus the $1500 deductable and i was told this could take months. I am a CO driver I really dont feel like i should be paying for them and i am prety sure that the insurance will cover it. We are also required to pay deposit of $1500 once we got hired, this money is taken out of our paycheck first month of working for the company. I did not receive the paycheck this friday, they just flat out told me i do not get a check for the next week. I have a month old baby and bills to pay and i cant believe they can legally just not pay me for the theft that was out of my control.
    I did little bit of searching around and asking another expirienced drivers about my situation and most of them were shocked to hear that the company i work for would try to stick me with the bill and also shocked to hear about this $1500 deposit that is required. This deposit of $1500 is only reimbursed after you leave the company and nothing is found to be wrong with a truck (exterior-interior)
    Thanks for rading my post and i look forward to your suggestions and advices

    Thanks


     
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  3. TheRoadWarrior

    TheRoadWarrior rocking-n-rollin again

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    ok first off seek legal advice because if the trailer is leased to the company you work for if anything you maybe should be liable for the deductable if even that.. the owner of the trailer should have it all covered... and if you were directed to park it there by your dispatcher then you need to check into that too... just talk to a lawyer or the insurance company for the trailer...sounds like your the scape goat on this...JMO
     
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  4. Sly Fox

    Sly Fox Road Train Member

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    I stopped reading at the bolded part. You do not owe one red cent for those wheels if you were given prior approval to park your truck there at their direction.

    It's the cost of doing business. They assume the risk. But, CYA, get it in writing (qualcomm message, email, etc). Now, if they just told you over the phone and there's no record, it's going to be tough for you.

    If it's company policy, in general, to let you park at truck stops to go home and that is in writing, you have a leg to stand on.

    (edit) Are you a W-2 employee or a 1099 contractor? If you're a contractor, it's up to your contract. If you're W-2, they can't make you pay anything. They can say 'pay or you're terminated', but they can't arbitrarily withhold your money from you. If you have a pre-employment agreement that you pay for negligence, they still can only bill you after they've paid you. They can't just withhold your hard earned money.

    In the end, find another company.
     
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  5. TheRoadWarrior

    TheRoadWarrior rocking-n-rollin again

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    thats what i was stating... if any he should not be held liable for this unless it was against company policy... he really need legal advise..
     
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  6. Lonesome

    Lonesome Mr. Sarcasm

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  7. Zleinad

    Zleinad Bobtail Member

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    All of my communication between the dispatch was done over text MSG that i have saved. Most of us are all company drivers with few exceptions and we are all on 1099 form! I was told regardless of what dispatch told me it was still my responsability for the safety of the truck and trailer which i do not understand, how can i go home to have my off duty hours and still baby sit the truck and trailer. Owner of the trailer who is also on the payroll of the company i work for insisted on a brand new rims (out of box) and a brand new tires (brand name) even tho tires and rims that got stolen were used and at least a year old. As a matter of fact road side asistance came and replaced the rims and tires they put on used since they were told to do so. Only after he replaced them he received the call from the owner of the trailer who stated he wants everything brand new. Person who installed the rims and tires was upset that he has to go back about 2 hour drive to get new tires and mount them, he even told me that he is going to charge at least extra 6 hours for this service. Now i am expected to pay for this as well. I was told that i was required to pay for the stolen items in full and that i would be reimbursed the amount mentioned above once and IF insurance pays them back minus the deductible of $1500. I honestly dont feel at fault here and i really dont think i would ever see this money.

    I considered hiring the attorney, i am also a member of TVC it just sucks that i would have to go against them which most likely will resolve in my termination. I am very disapointed with a company and the way i was treated and for the fact that they are holding out my money which is badly needed (month old baby)

    So in your opinion i should not be responsible for the replacement of the rims and tires in full, i would be willing to pay insurance deductible if i have to but not the entire amount. And like you mentioned i should get all of thsi in writting if we come up with a agreement.

    I apologize for the lack of knowledge, i am new to the trucking industrie this is my first year of trucking.

    Thank you all for the support and advice, i will be talking to the owner monday and i will kepp you updated. If you can think of anything else as the way law works and its required please feel to share it. Every input and every suggestion is very much apprichiated!

    Thank you
     
  8. EZ Money

    EZ Money Road Train Member

    Good advice!

    AND get away from that 1099 BS before you get so far in the hole you don't see daylight!
     
  9. Diesel Dave

    Diesel Dave Last Few of the OUTLAWS

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    YOU ARE NOT RESPONSIBLE to pay ANYTHING out of your pocket. Worse case scenerio you would of lost your job. Seek an attorney ASAP.
     
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  10. 112racing

    112racing Road Train Member

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    Just tell the company you will turn them into the IRS for paying you on a 1099 as you are really an employee ......when the IRS gets a hold of them and audits them they are in deep dodo for tax evasion and also the state will get them for violating workers compensation laws ....in pa here failure to cover employees workers comp is a fine of $300 a day per employee which would go back to each employees hire date........the company will wish the never mentioned telling you paying is your responsibility
     
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  11. Bent Wrench

    Bent Wrench Medium Load Member

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    It's time for you to give us the name of that company.

    So they can go on the brown list....
     
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