Driver damaged company trailer - Canada

Discussion in 'Ask An Owner Operator' started by haider99, Mar 17, 2017.

  1. haider99

    haider99 Medium Load Member

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    Hello,

    This thread should be in Canadian Sub-forum but its kinda slow so I will post here.

    Some of you might now this story, but I will still give a quick background.
    We have a truck as an O/O with a carrier with a driver drives. This driver has many years of experience, and he pulls a customers trailer. There was snow on top of the trailer which the driver wanted to remove. He went underneath the trailer, the clearance for the tractor was fine but because there was a little snow underneath, the trailer went up hitting the top to the scraper.

    Here are some more facts about this case.

    - The scraper was in the customer yard.
    - There was snow under the scraper which caused the trailer to shift up.
    - The carrier did not keep us in loop when getting the work done I could have saved around 2k getting the same work done. I was surprised with the invoice today.
    - The trailer was almost new so they changed the whole roof when they could have just pulled the roof out.
    - I don't know whose responsibility is it to clean snow under the scraper.
    - We have about $2700cad as a hold back with the carrier.
    - I don't care if we loose the work and the driver doesnt care either.

    Now, I know this is a business expense but paying $6500cad without doing any investigation to try to save some money is foolish.

    What are some options I have?
    Do you want pictures of the damage?

    Thank you
     
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  3. not4hire

    not4hire Road Train Member

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    So, your driver damaged the customer's trailer by hitting a stationary object, the owner of the trailer got it fixed to their satisfaction and now you're unhappy about the bill. Does that sum it up about right?

    It doesn't matter where the object was located, your driver hit it.
    It doesn't matter if there was not enough clearance for the trailer, your driver was responsible for ensuring there was.
    It is not the injured party's responsibility to keep you informed of repair options, nor is it their responsibility to try and save you money. It is the injured party's right to get the damages repaired to their satisfaction.

    Your option is to pay the bill.

    Next time--and there will be a next time--take a more proactive approach with regard to the repair process and you might be able to influence the end cost.
     
    Ruthless Thanks this.
  4. MrEd

    MrEd Road Train Member

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    Did I understand correctly? Your driver drove under a device built for the purpose of removing snow build up from top of the trailer? Did the customer build it to use for this purpose with their trailers? Is it on their property? If so, they should know that the ground under the device has to be kept clear to work properly and prevent equipment damage. If I am correct, then I'd offer to split the bill with them. If they refuse, tell them to take it out of your final settlement and say good bye. Their property, trailer, and snow removal device....that they didnt maintain in a usable condition....their baby to raise. I'd only offer to pay half because your driver should have noticed the built up snow, and passed on using the device until the built up snow was cleared.
     
  5. haider99

    haider99 Medium Load Member

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    MrEd Post: Did I understand correctly? Your driver drove under a device built for the purpose of removing snow build up from top of the trailer? Yes Did the customer build it to use for this purpose with their trailers? Yes Is it on their property? Yes, there was a lot of snow on the end of the trailer. If so, they should know that the ground under the device has to be kept clear to work properly and prevent equipment damage. If I am correct, then I'd offer to split the bill with them. If they refuse, tell them to take it out of your final settlement and say good bye. Their property, trailer, and snow removal device....that they didnt maintain in a usable condition....their baby to raise. I'd only offer to pay half because your driver should have noticed the built up snow, and passed on using the device until the built up snow was cleared. And who pays the other half?

    Now we run under company A's authority and A's customer is a large store chain. We haul their trailer. The total bill has started to be deducted on installements from our bi-weekly pay.

    Now they will say, your driver shouldnt have went underneath if their was snow on the ground. But rhe snow wasnt even much.

    My driver says "when he pulled the trailer brakes, the trailer moved forward and it hit the scraper.
     
  6. haider99

    haider99 Medium Load Member

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    Anyone else with input?
     
  7. tinytim

    tinytim Road Train Member

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    Who told your your driver to drive under it? Did he even have permission to use it?

    Sounds like your driver screwed up.
     
  8. haider99

    haider99 Medium Load Member

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    Yes, he had permission to driber under it since there was so much snow on it
     
  9. tinytim

    tinytim Road Train Member

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    Sucks but I don't see what you can do.

    The customer may have let him use the scraper but they won't assume any liability.

    I doubt the carrier gave permission to use the scraper and therefore won't assume liability.

    Why wasn't this an insurance claim, is the deductible that high?

    We go to a few places with those scrapers. I've thought about using them but haven't due to the fear that something like that may happen. The tops of the trailers can get damaged easily. It's a no win for the driver. Use the scraper and risk damage. Don't use the scraper and create a heck of a storm when you hit the highway and all the snow blows off.

    It sucks but it sounds like a costly learning experience.
     
  10. haider99

    haider99 Medium Load Member

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    Deductible is $5k

    The carrier did not keep us in loop. The got it fixed and gave us the bill.
     
    tinytim Thanks this.
  11. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    West Monroe, La
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    I agree with MrEd in that it was the customers scraper, on the customers property, which I am assuming ... the customer is responsible for maintaining, including making it safe & operational for its intended purpose.
    I'm not saying that your driver doesn't bear some of the responsibility, but if there was no agreement that you or your drivers are responsible for maintaining the equipment including clearing snow from underneath the scraper, IMHO, the customer bears more of the responsibility than you, mainly because its the customers responcibility to maintain it & ensure that its safe.
    Again I agree with MrEd in that offering a settlement of 50% or less. If they do not agree, & you guys have no problem loosing the account, tell them to .... well you know.
     
    j_martell Thanks this.
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