Diesel Spills

Discussion in 'Ask An Owner Operator' started by Trucking66, Nov 13, 2019.

  1. Trucking66

    Trucking66 Bobtail Member

    3
    1
    Nov 13, 2019
    0
    I am an owner operator and I have 2 trucks. I have them both leased onto other carriers running under their authority. In one of my trucks the driver ran over something in the road which flew up and punctured the fuel tank. In turn 60 gallons of diesel spilled all over the road. She was under dispatch carrying their load to it's destination when this happened. Three months later the company we are leased onto came to us and said they had receive a $10,000 bill for the clean up of the diesel and that we needed to pay them for it. It is our understanding that running under a companies authority is like being a company driver and the company take on all the responsibility as long as we are under dispatch with a load. We carry their insurance, their plates, and the fuel tax deductions and so on. Who is responsible for this bill.The big company we are contracted onto or us the little company. Again we run under their authority and we were under dispatch carrying their trailer when the incident happened. It has already been determined that it is unpreventable. We were not bob-tailing anywhere. Our tractor running under their authority. Does anyone know? Would appreciate any help or direction to find the correct info.
     
    truckdriver31 Thanks this.
  2. Cat sdp

    Cat sdp . .

    9,979
    18,297
    Apr 8, 2012
    Orion's Belt
    0
    They are...... you will get your lease canceled tho.....

    Find a new carrier......
     
    Last edited: Nov 13, 2019
    PE_Trans and truckdriver31 Thank this.
  3. Rubber duck kw

    Rubber duck kw Road Train Member

    3,502
    7,787
    Dec 9, 2017
    0
    Do you own truck, then you are responsible for all expenses involved, including cleaning up after yourself.
     
    truckdriver31 Thanks this.
  4. Cat sdp

    Cat sdp . .

    9,979
    18,297
    Apr 8, 2012
    Orion's Belt
    0
    Liability insurance is the carrier’s problem ......

    Physical Damage or lack of is the his responsibility.
     
    Trucking66 and truckdriver31 Thank this.
  5. zinita17601

    zinita17601 Heavy Load Member

    988
    850
    Aug 19, 2010
    lancaster pa
    0
    Thats what general liabilty insurance is for
     
    PE_Trans, Trucking66, bzinger and 2 others Thank this.
  6. Deere hunter

    Deere hunter Light Load Member

    254
    457
    Aug 5, 2017
    0
    That definitely should be paid by insurance you might have a deductible!
     
    PE_Trans and Trucking66 Thank this.
  7. starmac

    starmac Road Train Member

    6,335
    11,723
    Apr 11, 2019
    Fairbanks Ak
    0
    Yep they hold the insurance and that should cover it. now here is the kicker, it may come under general insurance instead of liability, and many small companies try to get by without carrying it. the bill should still go to whoevers name and numbers in on the door though.

    I always carried general insurance even if just running one truck.
     
    Trucking66 Thanks this.
  8. x1Heavy

    x1Heavy Road Train Member

    29,303
    33,017
    Mar 5, 2016
    White County, Arkansas
    0
    General Liability bill, if none exist then whose name and number is on that door holds the bag.

    Only 10K? Thats not half bad.
     
  9. ZVar

    ZVar Road Train Member

    6,152
    10,458
    Sep 10, 2010
    Flint, MI
    0
    The real answer is.. What does your contract with them state? You know the one you and your lawyer went over?
    I can almost guarantee you it's listed somewhere in the contract. It might be a catch all like an "all other expenses" clause or whatever. If it's in the contract you (or your separate insurance) owes it.

    Have them show you in the contract where it's owed, and then take your copy to your lawyer and see what he/she says.
     
    Last edited: Nov 14, 2019
    PE_Trans, Trucking66 and TallJoe Thank this.
  10. "semi" retired

    "semi" retired Road Train Member

    6,788
    11,442
    Apr 16, 2014
    high plains colorado
    0
    Yeah, that's a dilly of a pickle, ain't trucking fun? What a seasoned driver (me) would have done, is stuff a rag in the hole, shut that side off, if you can, and get the heck out of there. I agree with x1, fuel spills are an environmental disaster, and you should be lucky it was only $10g's, and you didn't wipe out some species of bug. I was taught, with a fuel spill, try not to wait around for the authorities.
     
    PE_Trans, Trucking66, TallJoe and 2 others Thank this.
  • Draft saved Draft deleted