Is my responsibility to pay the collision damages

Discussion in 'Ask An Owner Operator' started by Galbeed7, Apr 15, 2019.

  1. Galbeed7

    Galbeed7 Bobtail Member

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    Apr 15, 2019
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    Good day gentlemen i started working for owner operator and in December snowy day i involved in a collision in kigston Ontario . We didn't call the police since there was no damage of the other truck. And we didn't exchange any information except pictures of the trucks. Anyways after a week my boss called me and told me that the other drivers company called him and told him that there is a damage on the fifth wheel of their truck. So boss told me its my responsibility to pay for the damages of other company's truck.
    I said insurance has to pay for that and after argument i left the company. He owed me 2000 he never paid me and he said he will cover it with his trucks damage.
    Anyway after 3 months i received in my email an invoice from the other truck's company with $4900.
    So guys what should I do should I forward them the insurance certificate for their claim or ignore it.
    I'm incorporated driver Anyway.
    Thank you
     
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  3. 062

    062 Road Train Member

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    Short answer is no. Where you w2 or 1099
     
  4. Freddy57

    Freddy57 Road Train Member

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    You need to contact an attorney asap, depending on your employment status at the time of the collision, you may have liability. Don't wait for a lawsuit, you may not like the outcome.
     
  5. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    If you're a company driver, I'd call my attorney. The company ins is supposed to pay for company related damages. The company owes you your pay. You are under no obligation to pay for any damages while on company time unless you signed some sort of agreement to that when you were hired. Even at that, in the US, I dont believe that would be legal.
    Call your attorney. Your not responsible.
     
    LGarrison Thanks this.
  6. starmac

    starmac Road Train Member

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    What exactly is an incorporated driver?
    I have seen some screwy contracts that drivers have signed, to where they are responsible for any breakdowns.
    In Alaska the major companies will not run an OO unless the lease is in the drivers name, so there is some screwy deals with guys that runs small fleets.
     
  7. 062

    062 Road Train Member

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    I just reread the op looks like Canada. @gokiddogo you have any ideas?
     
  8. gokiddogo

    gokiddogo Road Train Member

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    Depends if op fell for the Brampton special. Which is signing an "independent contractor" agreement while still remaining a company driver. Changes everything. If he can say yes or no to that I can give what I think is right.
     
    062, Grumppy and Cat sdp Thank this.
  9. Cat sdp

    Cat sdp . .

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    $5900 for a fifth wheel ........and how does a 5th wheel get damaged in a fender bender.
     
    gokiddogo, AModelCat and Socal Xpress Thank this.
  10. 062

    062 Road Train Member

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    I know nothing about the rules North of the border. In merica if he was 1099 he could file a form and 99% of the time be reclassified as a w2. Which he probably should have been to begin with.
     
    gokiddogo Thanks this.
  11. gokiddogo

    gokiddogo Road Train Member

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    Up here the gov has to look at it and deem you an employee...then go back and try to rectify everything. I imagine it's a real mess.

    On top of all that. Even when a judgement is ruled against an employer or even if you sue someone and they simply don't pay.... that's usually the end of it.... there isn't really any teeth to the rules up here.. sad to say..
     
    AModelCat Thanks this.
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