I am surprised actually to not find hirschbach mention before now in this thread.
My husband worked as a lease to own - independant contractor for hirschback in 2003 - 2004.
During the time her worked for them they deducted from his paychecks all costs of running the truck...fuel, tolls, maintnece even insurance. They deducted so much that he actually owed them money on every paycheck even though he was running well outside of his logs for weeks at a time.
Eventually the inevitable happened, he was running too hard for too long, trying to make enough money to actually bring some home to his family when he fell asleep behind the wheel and hit a bridge, totalling his truck and lucky to be alive.
Hirschbach terminated his lease and sent him home on a bus. He was told his personaly CD player would be removed from the truck and returned to him and that they would handle the insurance claims for him.
Well, two years later, we never recived the CD player (worth $400 and a gift from his mother) and we have discovered they did get an insurance payment for the truck in the amount of $24,999. A payment from insurance my husband was paying for for a truck my husband had paid over half of the price due. They never sent us a dime!
Yet they report to the IRS that they paid him over $59,000!!! Now we have to fight with the IRS to proove we never actually got any where near that amount.
We've contacted this company constantly over the past two years about the CDE player that was never returned, and were told to provide proof of the cost of the player ( we did) and they would send us a check to re-imburse for it (they did not). This company plays with people's lives, we lost everything trying to hold out until the truck was paid for and the day he'd start making money. They make you foot every bill that comes with the truck that is still technically thiers, and then when something goes wrong they fire you and keep all the insurance money, making a big profit.
Hirschbachis in Nebraska and we're in Pennsylvania, making it very hard to find an attorney that can help us do anything about our losses. How can a company file and insurance claim for a driver that no longer works for them, and then accept, sign and cash a check for almost 25k that has that driver's name on it?????
Beware Hirschbach They don't care if you have a family or your own obligations, as long as they can keep as much money as they can.
Lee Ferchalk
Hirschbach Motor Lines, Inc. - East Dubuque, IL
Discussion in 'Report A BAD Trucking Company Here' started by ferchalks, Jan 3, 2006.
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Thanks for adding your story, unfortunatly this is common and I have heard of this happening before, but not to this extreme. Do your homework and stay away from a company that will not gurantee anything in writting.
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Most Lease deals are that way.YOUR paying for THEIR TRUCK!!! You will NEVER OWN IT!
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That is why I will not go with a lease program. IF I do I'll buy the truck...
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I enjoy being a company driver.If the truck breaks down? It don't cost me a dime!!!
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I am surprised actually to not find hirschbach mention before now in this thread.Click to expand...
During the time he worked for them they deducted from his paychecks all costs of running the truck...fuel, tolls, maintnece even insurance. They deducted so much that he actually owed them money on every paycheck even though he was running well outside of his logs for weeks at a time.Click to expand...
Eventually the inevitable happened, he was running too hard for too long, trying to make enough money to actually bring some home to his family when he fell asleep behind the wheel and hit a bridge, totalling his truck and lucky to be alive.Click to expand...
Hirschbach terminated his lease and sent him home on a bus. He was told his personaly CD player would be removed from the truck and returned to him and that they would handle the insurance claims for him.
Well, two years later, we never recived the CD player (worth $400 and a gift from his mother) and we have discovered they did get an insurance payment for the truck in the amount of $24,999. A payment from insurance my husband was paying for for a truck my husband had paid over half of the price due. They never sent us a dime!Click to expand...
I do have to ask a VERY important question. Was you husband issued a policy and declaration from the insurance company DIRECTLY, that paid any or all of the claim? Did the declaration list you husband as a party of interest in the appropriate section? If both of these items of criteria were not met, then the entire insurance arrangement was illegal from day one.
It is patently illegal for a motor carrier to deduct from a contractor's settlement, insurance for a policy that is not issued in that contractor's name.
Okay, if he WAS issued a policy legally and properly, you need to look back through all of the paperwork given to your husband at the time he leased the truck to discover if he signed a page that gave the carrier power of Attorney to settle insurance claims. If not, then I would want to know how they were able to obtain payment without your husband's signature from a policy that was issued to him.
Now...back to the claim itself, and what you were entitled to. Every lease/purchase agreement I have ever read, will include wording that the driver is not allowed to recognize equity in a truck in the case of a loss. That is a legal sticking point that is removes all claim to such, if and when a person signs in agreement to all conditions of a contract. Of course, it may be completely out of your hands if there was a power of Attorney signed over to Hirschbach, which would have essentially let them control the entire process and do as they please with any or all the money.
Yet they report to the IRS that they paid him over $59,000!!! Now we have to fight with the IRS to proove we never actually got any where near that amount.Click to expand...
If this was listed on a 1099, there is an easy way to deal with it. Simply inform the IRS that the 1009 is absolutely incorrect, and that you have never received funds for that amount or any other, and this puts the burden of proof to demonstrate that you received what is claimed, back on the party that issued the 1099.
Have you received ANY paperwork on the settlement of the insurance claim, by either the insurance company or Hirschbach? I'm beginning to see a scenario where your husband was left completely out of the loop, and that is just not the way things are supposed to be done.
We've contacted this company constantly over the past two years about the CDE player that was never returned, and were told to provide proof of the cost of the player ( we did) and they would send us a check to re-imburse for it (they did not).Click to expand...
This company plays with people's lives, we lost everything trying to hold out until the truck was paid for and the day he'd start making money. They make you foot every bill that comes with the truck that is still technically thiers, and then when something goes wrong they fire you and keep all the insurance money, making a big profit.Click to expand...
So...they fired him. Isn't that the ultimate insult? He was working his butt off to line their pockets while he starved, and when the worst should happen, they cut him loose.
Your story is certainly supported by their safety numbers as well. They have double the national average of drivers placed out of service for Hours-Of-Service violations. They have an ISS-2 of 98.
Thanks for the report, and feel free to add anything else you wish.dale love, T_TRUCKERâ¢, superflow and 1 other person Thank this. -
Turbo, You ought to be a Lawyer.You sure know your stuff.
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Thanks for the kind words. It makes me feel good to know that people appreciate my efforts. I just hate to hear about people in this industry being walked on like they were dirt....
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