$1900 Tow Bill

Discussion in 'Flatbed Trucking Forum' started by Interstateskater, Feb 13, 2019.

  1. spyder7723

    spyder7723 Road Train Member

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    No, swift doesn't go after guys cause they know those drivers doubt have anything to go after. A judgement is only worth something if the person had something worth getting. Same reason people get lots of marks on their credit report for old cell phone/cable/credit cards/ etc but never actually get sued. They don't got nothing to take. Legitimate debts but the debtors can't collect.

    As for if this is deliberate or not, its gonna come down to what he says when pressed. If when pressed he states he never looked in the mirror, then you argue gross negligence. If he states he did but thought he could get through the ditch fine that's where you press the deliberate part. Deliberately drove the trailer into the ditch knowing it would cause damage. Might not win but I'm spiteful enough i would try it. Just depends on which arbitrator were get. Keep in mind in arbitration the burden of proof is MUCH lower than in a court room.
     
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  3. OLDSKOOLERnWV

    OLDSKOOLERnWV Captain Redbeard

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    He had the option to get out and look, it would have avoided this situation.

    Kinfolk always said..... sometimes when you go to far, you can’t always come back.

    He learned a lesson the expensive way.
     
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  4. OLDSKOOLERnWV

    OLDSKOOLERnWV Captain Redbeard

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    Yes, he deserves credit for that.
     
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  5. spyder7723

    spyder7723 Road Train Member

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    I don't know about that. I don't see a single edge protector on that load.
     
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  6. johndeere4020

    johndeere4020 Road Train Member

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    So if if you don’t pay attention for a second (which we all do so don’t try to BS me) and you smack a light pole with one of those wings are you paying for it? I’ve heard Catalina talk about how the claims at your company are way up because of dumb drivers doing dumb avoidable things is SPD making them pay?
     
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  7. johndeere4020

    johndeere4020 Road Train Member

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    Keep in mind I’m not defending the guy it was stupid I would probably fire him but I also understand it’s just the cost of doing business like it or not.
     
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  8. OLDSKOOLERnWV

    OLDSKOOLERnWV Captain Redbeard

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    I had to really zoom in with this smaller screen..... but you are correct Spyder.
     
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  9. spyder7723

    spyder7723 Road Train Member

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    Yes I'm paying the deductible on our cargo insurance. And i won't grumble a bit about it.

    I dont work for spd so got no idea how they handle it.
     
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  10. johndeere4020

    johndeere4020 Road Train Member

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    I Apologize I was thinking of Kyle when I quoted you and that was my fault. You’re an owner operator correct? That might be how your contract reads I have no idea but I’ll guarantee you if I tear up something I’m not paying the deductible as a company driver.

    Why should you have to pay the deductible and not for the whole thing? Why should their insurance rates go up because if you not paying attention?
     
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  11. spyder7723

    spyder7723 Road Train Member

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    I don't believe for a minute you would do something so flagrantly stupid that your boss would be so angry at you he would try to hold you financially accountable. There are screw ups, which we all are capable of, and then there is simply not caring if you damage something. You care.

    I'm of the opinion that this driver was the kind that doesn't care. He saw the ditch, saw his trailer was going to go into the ditch but thought he could just drag it through with no concern what damages it would do to the trailer. And if he worked for me, id hold him accountable as much as the law allows. And I'm spiteful enough to spend a couple hundred dollars on top of the many thousands he cost me (that trailer is trashed, its never going down the road straight again) to try to burn his ### with a judgement ill never collect on.

    Don't get me wrong, most things im just eating. But this particular one goes way beyond "boss i jumped the curb and clipped a fire hydrant."

    As far as my contact and what they hold me to... I'm quite sure that if or when i screw up and cost them money they will hold me responsible for every penny the law allows.
     
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