How to sue a trucking company?

i dont believe theres anything stopping you from taking it to small claims court. problem is, i think it would have to be indiana small claims...kind of a pain to keep appts necessary, and then even when you win, theres always the issue of collecting. no matter how much the guy puffs about it, almost and backing accident is the fault of the one backing...seems darn open and shut to me with or without the witness. sorry for your loss...hopefully its a financial "bump in the road" rather that a financial jackknife/turnover.

 

ehh i'm the fence about there was a couple other things that happend before the whole lightbar issue when i worked for him like since we were so close he would take advantage of that fact and work me longer hours crap work for way less money then the other guy's. and there was a few more reasons but i wont go in to it but the lawsuit really was the last straw considering i did him favor by pretty much giving him the bar then for him to turn around screw me over like he did was just plain out wrong by anyone's standard. did he deserve to get what he had coming idk did it make me feel good to hear what happened to him.....yes it did

 

Exactly>

A replacement vehicle should have been used and the cost of that (minus operating expences) should have been added to the claim. All of this should be discussed with the adjuster ahead of time though.

 

I agree with all of the IC warnings. I don't really think you will win in court based on the fact that you are a really an employee. IMO, however you could probably use this whole IC thing to your advantage. Approach your boss and "remind" him that you are an IC and you plan to file a claim against the other company. If your boss has any business sense at all he will make it right with you.

 

That reminds me of when my cousin got backed into at her highschool by a kid driving his dads Dodge Ram 3500. It tore her front bumper off. My aunt got a quote for $1500 from a local shop. The mom was willing to.pay that out of pocket since they didn't have their son.on their insurance and therefor no coverage but the dad balked and said he felt that was too much. So my aunt filed under her insurance and he got stuck with a repair bill for twice the local shops quote.

 

sorry this took so long to respond to but i just noticed it haha technially yes if it is over 600 but if ur close with ur boss i'd say make sure it cash and "forget" to put it on ur taxes if u know what i mean

 

I think it was worth it. To forge evidence in court like that... Yeah, thats a line crossed for me. I'm suing somebody right now. So I am in very similar position as OP. I've summoned the driver to court. I figure that I get his fault details on record. He is a company driver but both refuse to talk to their insurance to get my claim resolved. I figure that if I get judgment against the company driver, the company insurance covering him at the time will have no problem paying me on the claim. I'm gonna blow the roof with how much i'm claiming in damages just cause they made me go through the trouble of suing...