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?
Damages who is responsible?
Discussion in 'Experienced Truckers' Advice' started by Wyndian, Feb 26, 2020.
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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?Cabinover101 and truckdriver31 Thank this. -
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"
as you were not present at the time of loading, inspecting and sealing.
tell them to go pound sand.Cabinover101, x1Heavy and truckdriver31 Thank this. -
thats why i alway write SLSC on the bills. even if it has the box checked.
Cabinover101 and x1Heavy Thank this. -
A verbal lease? What could possibly go wrong with that kind of set up?
HoneyBadger67, kylefitzy, buzzarddriver and 6 others Thank this. -
Before they close and seal the doors, take a picture.
ChaoSS, buddyd157 and truckdriver31 Thank this. -
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.truckdriver31 and buddyd157 Thank this. -
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.Cabinover101, truckdriver31, x1Heavy and 1 other person Thank this. -
truckdriver31, x1Heavy and buddyd157 Thank this.
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