Damages who is responsible?

Discussion in 'Experienced Truckers' Advice' started by Wyndian, Feb 26, 2020.

  1. Wyndian

    Wyndian Bobtail Member

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    I lease a truck and trailer from a company, (nothing signed, verbal) I hauled a load and there were some damages, at the rear of the trailer. The company I picked up from, placed the load locks and sealed the doors. When I got to the receiver, two pallets were leaning back, damaged. The brokerage company is coming after the company I'm "leased" to. Their coming after me. Who is really liable? At first, I took pictures, sent them to the broker and the owner of this company. All agreed it wasn't my fault. However, now the brokers claim department is saying it is. All I want to know is, who is liable? Can they with hold my payments?
     
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  3. Mike250rs

    Mike250rs Heavy Load Member

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    With the pallets falling to the rear, it is 99% of the time the shipper and poor loading is the cause.

    With nothing in writing, this is messy. You signed the bills, its all on you. Odds are your "leasing" company told the broker to pound sand, broker can't or won't make a claim against the shipper ( or they are trying to get paid 2x ).. so they are going after you.

    Who has the cargo insurance? You or your "leasing" company?
     
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  4. buddyd157

    buddyd157 Road Train Member

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    if the shipper loaded and sealed, it's not really on you, it's on them, for poor loading.
    in hindsight, you could have asked to open the doors, inspect, then reseal

    you could have also noted on the bills, "shipper load and count and sealed"

    i say shipper is responsible 1000%.

    as you were not present at the time of loading, inspecting and sealing.

    tell them to go pound sand.
     
  5. truckdriver31

    truckdriver31 Road Train Member

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    thats why i alway write SLSC on the bills. even if it has the box checked.
     
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  6. ChaoSS

    ChaoSS Road Train Member

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    A verbal lease? What could possibly go wrong with that kind of set up?
     
  7. mustang190

    mustang190 Road Train Member

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    Before they close and seal the doors, take a picture.
     
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  8. x1Heavy

    x1Heavy Road Train Member

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    Shipper load and count on everything.

    Even the gravestone. Shipper load and count. /snark

    without that it is very possible whoever signed is going to be the one with the bag.
     
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  9. Ridgeline

    Ridgeline Road Train Member

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    Wow ...

    Of course it is your fault, you are responsible for the load - sealed or not.

    But it goes farther than that.

    No contract makes you an employee so as an employee, you are responsible but not for damages, there has to be a claim against the company's cargo insurance.
     
  10. Cabinover101

    Cabinover101 Heavy Load Member

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    NADA ...trusssst me says the man with a Big Fat Cigar in his mouth
     
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