Driver damaged company trailer - Canada

Don't be ridiculous. If your driver had been on a snow covered highway and slid off into the ditch, would you say it's the state or provinces fault?

 

There is enough blame to go around here I think

It's always the driver's responsibilty to check clearance, but UNLESS THERE IS A POSTED PROCEDURE stating so, I bet a judge would find the customer partially at fault. HOWEVER, even if the judge said it was 50/50, you're still out $3250. If you don't care about the account, eat the $2700 hold back and be on your way. Judge or no judge, If you pay any less than $6500, you're going to lose the account anyway. No sense throwing good money after bad.

Ahhh, I see. I thought you were the carrier with your own insurance. You are screwed. If you don't settle things to your carrier's (your boss's) satisfaction, your contract is done I imagine. Really the question you need to ask yourself is this: "Do I want to keep my truck leased to this carrier?" If the answer is yes, you do what they want.

 

Per what agreement? Do you have the agreement?

 

what does it say about driver damaged equipment?

 

If it's in the contract it's going to be a waste of money to get a lawyer involved. Yes, yes I know just because it's in a contract does not mean it's valid. In this case though you will have little luck as your driver did, in fact, damage the equipment. If you find a lawyer that gives you even odds of whining or better, he's just lying to take your money.

 

Hey I'm no lawyer but if you're determined to sue someone, it seems like your best bet would be the shipper but I think your legal fees would eat up any winnings... Even if you won.