Is an owner operator responsible to pay for damages to company trailer?

First, INSURANCE. This claim should have been made as soon as you heard about this. Most deductibles are only $1000. Work with driver, politely, to get him to pay deductable. Offer to take $100 a week out of settlement. If he refuses then stay polite and tell him next time he will be responsible.
Then, get him home without making it seem like you are bringing him home and fire him. But be polite or the next post is going to be you asking about trailer recovery and what to do about a driver that is holding a load hostage.
And remember, these are the reasons that you are making $400-$500 a week on his work. You are taking risks and being rewarded for this risk.

 

I think you should talk to an lawyer for the following reasons. You need a new lease agreement, You don't know how the damage happened. He has been less than truthful in the past. I mean he could have damaged someone elses property and they are waiting for you to contact them about the damage. He has hit and run and the law is looking for the trailer. You have no idea what could be sitting out there and the consequences that they may bring. In short you need to cover your butt.

 

What on God's green earth were you thinking when you hired a driver who was only 3-1/2 years old??

 

No input on the legal matter but I'm trying to think how in the hell he could bend an axle and rims and damage the suspension. Is it an air-ride trailer? Old junky leaf spring trailer or newer? Van, reefer, flat? What do you haul? The only scenario I can imagine that wouldn't have also damaged his tractor would be to curb it really hard, with tandems all the way forward, heavy load, air bags deflated for some reason. Does it have air dump? My company's trailers automatically dump when you set the brakes, and sometimes, especially in cold weather when there's ice in the valves, it takes like 10 minutes to re-inflate. Did you have any claims for damaged cargo that you could use as a "clue" as to WHEN the incident happened and how heavy it was at the time? Does he send in CAT scale receipts for reimbursement?

Slot Car Racer's post is kind of scary though and raises a valid point. What if the damage was caused by running over a motorcyle in an intersection after running a red light or something?

 

Sorry, i meant the mental age

 

2nd for contacting a lawyer and find out how you need to report the accident. Just because YOU can't get the details from him does not mean a cop or lawyer can't get them. This is clearly an accident and needs to be reported. If it was just a hard curbing, and I have seen a lot of damage from someone doing 20 mph with full load curbing a trailer, then he made it worse by not being forth coming.

 

Something doesn't seem right with this story. That type of damage requires a HUGE amount of energy. Something like a high speed collision or sideswipe with an unmovable object or barrier. Is the trailer shop close by? Or, can you get photos? I would want to get a second estimate. It may just need new rims and an alignment job.

 

You showed up.

My computer screen went blank.

Everyone disappeared.

Wonder what the connection is?

 

those big rocks that are put in front of entrances like t/s and business can do a lot of damage if the trailer goes over them---had to fix more than one from drivers forgetting they had a trailer and taking the corner like talledega