Driver abandoned truck and trailer.

Discussion in 'Ask An Owner Operator' started by LINKGT23, Jan 26, 2025.

  1. LINKGT23

    LINKGT23 Bobtail Member

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    Don’t know what to do. I’m an owner of auto transport company. I only had 1 truck and a 5 car hauler. I’m based out of Florida and my driver is based out of Texas.I had a very good driver who I took very good care of him. Always paid him on time and helped with personal issues. But he wasn’t good at communicating and or depositing money into the account.Towards the beginning of December I finally got fed up with him not communicating and not depositing funds in a timely manner. I told him to head back to Florida we need to have a discussion face to face (this was after I didn’t hear from him in 10 days). I told him I need you to be here by Saturday 8:00pm if not I will report the equipment stolen. He agreed, deadline came and he was a no show and of course he didn’t respond to my texts or phone calls. Next day I go to the police and file a report and let the insurance know. Fast forward a month later insurance tells me they will not be covering this. My wife decided to call him and lo and behold he answered and said he left the truck and trailer about a month ago at a Fly J in channel view TX. I checked to see if it was hopefully still there and it wasn’t. Truck and trailer is nowhere to be found. The police haven’t done anything to him insurance will not pay. WHAT CAN I DO ??? PLEASE HELP. I can’t afford to continue to pay the truck and no 1 is doing anything!!
     
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  3. Iamoverit

    Iamoverit Road Train Member

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    Why hasn't he been arrested yet?
     
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  4. LINKGT23

    LINKGT23 Bobtail Member

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    Supposedly because of the jurisdiction, my company is Florida based and the driver is out of Texas. The police in Texas told me Florida police has to contact them to be able to arrest the guy.
     
  5. brian991219

    brian991219 Road Train Member

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    First, it is not theft even after the employee refuses to return the truck. Theft requires the person to have forcibly taken the equipment. You entrusted him with it months ago, so the police will not be doing anything about this. Neither will insurance.

    It is a civil matter between you and your now former employee. Sucks but that is what the law supports in all 50 states. I hope you have clear written policies on when, where and how to return issued equipment such as the truck, otherwise you will likely lose the civil lawsuit and your former employee will not be responsible for any of your costs associated with recovering the truck.

    Why didn't you have gps telematics on the truck? That would have told you where it was at all times and you would have known a month ago it was sitting abandoned in a truck stop.

    Most ELDs, at least the good ones, have basic tracking and reporting functions. I always had mine turned on, even for my personal truck, so if it got stolen or towed I would know about it. Can you check your ELD breadcrumb trail and ser where the truck is, or had been?

    It is possible the driver lied to your wife about where the truck is or what he did with it. He may even still be using it for his own use or side hustle!

    I would call the truck stop you think he abandoned it at and ask who does their private property impound (tow away services) and contact that towing company. If he did actually abandon it there then they probably have your truck and trailer.

    Also, is your address up to date on the truck, trailer and any lienholder (finance company or bank) paperwork? If the truck was towed away for being abandoned then the tow company is required to send notice to the last known registered owner and bank so they can claim the unit before the tow company puts it up for sale. This process usually requires notices be mailed within 14 days from the date it was impounded, but each state is different, then within 45 days after the abandoned vehicles can be sold if nobody claims it.

    Lastly, is your financing up to date? If not, check with your lender to see if they found the truck and repossessed it.
     
  6. Stringb8n

    Stringb8n Road Train Member

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    So does the Flying J in Channelview not know what tow company they use, or are they unable to say that they had it towed? That truck stop I believe is at Market Street and Sheldon Rd. in Channelview. There could be a lot of tow lots around there but I am certain Flying J uses one in particular for situations of abandoned trucks, I would imagine anyway.
     
  7. LINKGT23

    LINKGT23 Bobtail Member

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    1. Yes I had clear written polices on the returning all equipment and company property.

    2.Yes I had a gps tracker and he disabled it.
    The driver was a mechanic.

    3. He also disconnected the ELD when he disappeared for 10 days. The last spot it had a reading was a his residence.

    4.Yes I called the truck stop and had a family member go take a look at the truck stop and it was not there.

    5.Yes I also called the police in the area and to see it if was towed and nothing shows up.

    6. Yes my address and information is up to date.

    7. Yes the payments are up too date.

    Matter of fact the truck and trailer are reported stolen. And if it passes any toll it will set off and alert (per the police).
    So yes I have done my due diligence and it’s still nowhere to be found. What do I do now ??
     
    Last edited by a moderator: Jan 26, 2025
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  8. JonJon78

    JonJon78 Road Train Member

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    This is the towing sign posted at that FJ. I would call that number if you haven't already.

    Screenshot_20250126_083608_Maps.jpg
     
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  9. LINKGT23

    LINKGT23 Bobtail Member

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    According to the General manager they use a whole bunch of different companies and really couldn’t tell me. But then again the truck isn’t showing up then it was towed anywhere. It’s the Flying J at 102 Sheldon road. But it wasn’t there.
     
  10. LINKGT23

    LINKGT23 Bobtail Member

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    Thanks I’ll try that number , but per the police tow truck doesn’t show up anywhere.
     
  11. LINKGT23

    LINKGT23 Bobtail Member

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    Jan 26, 2025
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    1. Yes I had clear written polices on the returning all equipment and company property.

    2.Yes I had a gps tracker and he disabled it.
    The driver was a mechanic.

    3. He also disconnected the ELD when he disappeared for 10 days. The last spot it had a reading was a his residence.

    4.Yes I called the truck stop and had a family member go take a look at the truck stop and it was there.

    5.Yes I also called the police in the area and to see it if was towed and nothing shows up.

    6. Yes my address and information is up to date.

    7. Yes the payments are up too date.

    Matter of fact the truck and trailer are reported stolen. And if it passes any toll it will set off and alert (per the police).
    So yes I have done my due diligence and it’s still nowhere to be found. What do I do now ??
     
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