Parking Lot Incident on 1099

Are you leasing the truck? And if not, did you sign some sort of contractor agreement? As a side note, because you are a 1099 employee, you have absolutely no protection under the employment law

 

A company cannot legally just call/classify a worker 1099 and not W-2. There are criteria whether IRS, State, Dept of Labor. They are all pretty much the same. A few: does the worker provide their own tools or equipment; do they have their own place of business; do they advertise; do they have workers' comp or liablility insurance or both; control - they are dispatching you, you are not picking your own loads. You don't have control, you work under their direction. Those criteria being no point to a clear W-2 employee. So you are not civilly liable. Don't know about the DAC or MVR. Both states and DOL look into misclassification of workers by employers/companies.

Does not make a difference even if you signed a contractor agreement. All the criteria still apply. I know, I have been through this several times.

 

Then I would say you should be ok. But anyone can sue anybody for anything.

 

The other company not going after you they will go to the insurance company.now the owner of your company might tell them he will pay damages don’t go to his insurance and back charge you for damages.

 

Sounds like you checked the boxes with out reading what you were agreeing to. This could be a problem, depending what you agreed to.

 

OMG, seriously, why is it people are this ... well you figure out the word.

To be a LEGAL 1099 independent contractor in this industry, you have to have a contract, there have to be requirements spelled out in the contract as to which obligations go where and most of all, there has to be a clear expectation of what the contractor is to do for the company that has engaged them.

The IRS and DoL look at this as if it is a skilled labor situation, there is no need for tools or anything like that but a skill (which is considered a tool through the licensing system) and the ability to pick and choose the work with the right to make decisions on how to do the work without interference.

The OP can be sued, there is no doubt about that, his liabilities are extended because he lacks a contract that protects him.

Has it happened?

Yes, it has.

My advice to the OP is to find a real job, name the company so others will know how to avoid it, and report them to the state.