I am trying to find out how long a freight broker can leave refused on my trailer

Discussion in 'Ask An Owner Operator' started by out of ideas, Sep 8, 2021.

  1. out of ideas

    out of ideas Bobtail Member

    1
    0
    Sep 8, 2021
    0
    I brokered a load with Uber Freight LLC on 08/27/2021 for delivery on 08/30/2021 the receiver refused the load because it is floor loaded not on pallets,I told uber they load needed to go back to the shipper.Three days later I still got no response from uber. I went back to the shipper to try and get unloaded they said Uber never notified them the load was refused and in their system it shows load was delivered with no issues there for they will not take the load back. It has been 11 days now and still no response from uber. This is the only trailer I own and have been able to work for almost 2 weeks with no end in sight CAN ANYONE TELL ME MY LEGAL RIGHTS ON HOW TO GET THIS LOAD OFF MY TRAILER AND JUST HOW LONG UBER FREIGHT CAN USE MY TRAILER FOR STORAGE FOR THIS FREIGHT.
     
    Last edited: Sep 8, 2021
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Dino soar

    Dino soar Road Train Member

    4,791
    26,878
    Dec 8, 2017
    0
    Well first I think it's best if you consult with a transportation attorney.

    But a few questions.

    Did Uber tell you to take it back to the shipper?

    Did you call the shipper and ask them if they would accept it before you took it back there?

    Do you have a written record of who refused it at the receiver and why?

    Do you have any emails documenting that you tried to contact Uber and if they did contact you what did they say?

    If you don't mind who is the shipper and what is the product? Who is the receiver?

    If it were me I would make sure that you have a phone recorder app on your phone and whoever you speak with let them know that the call is being recorded. Call them and try to rectify it.

    Whatever email you have that the broker sent you or whatever you have for them if it were me I would send them a warehousemen's form it says you're going to put the load into storage they have 12 hours or whatever it is to respond to you. At that point someone will respond to you or you will put it in storage.

    In these cases the broker has to direct you as to what you do. Again, you need to consult a transportation attorney but if you have documentation that the load was rejected and you have documentation that you've tried unsuccessfully to reach Uber for however long and you've given them notice that you're going to put it into storage I think that would be your best course of action. But you have to have all of that documented.

    And again you should consult with the transportation attorney because they could open it a claim against you and even if the claim isn't against your insurance they can try to come after you for the value of that load.

    But in my opinion you do not have to hold any load that you cannot get direction from the broker what to do with it.

    It is best you get it off your truck and get back to work and you'll have the money at least to fight it rather than just having it sit on your trailer and you go broke.

    But you need everything documented and like I said you should speak with the transportation attorney

    At the very least call ooida if you are a member but they're not going to give you actual legal advice. They may give you advice what to do but it's not going to be legal advice..
     
    Rideandrepair and out of ideas Thank this.
  4. Spyro2112

    Spyro2112 Medium Load Member

    604
    416
    Mar 17, 2018
    0
    Have them singn refused load on BOL
     
    Rideandrepair Thanks this.
  5. RedForeman

    RedForeman Momentum Conservationist

    4,875
    22,139
    Jan 30, 2011
    0
    You need to unload the trailer onto pallets, reload it, and try to deliver it again. Find a warehouse you can pay that will do it, or find a dock you can use and do it yourself. Seems like that would be the path of least resistance if pallets is the only reason the consignee is refusing it. Probably should have done that the day it was refused, but that ship's sailed already. Before you do, call the consignee and verify they will even receive it now 2 weeks late.

    Step 1: Get the load off your truck, preferably to the original consignee with clean bills, and get back to making money.
    Step 2: Get paid. Read you agreement to see how you might get compensated for the extra hassle. It probably matters if there's anything in your rate confirmation about pallets or the like, with both the shipper and consignee.
    Step 3: Worst case, take what you can get, chalk it up to a hard lesson on how not to do this, and never haul for Uber again.
     
  6. TallJoe

    TallJoe Road Train Member

    7,490
    16,271
    Apr 12, 2016
    Chicagoland
    0
    I've never heard of anyone left with cargo on their trailer for 11 days. It is hard to believe that it could be that extreme. What efforts, other than calling Uber, have you made so far?
    I had a few situations with Uber but they did respond within a few hours. The longest one was 2 days but that was about how much I'd haul the load back to the shipper - I wanted to get paid an average market rate of WI-VA, not the rate from VA to WI which is much less . The very resolution of the load going back to the shipper was authorized after a couple of hours, though. It was also about pallets - infested pallets (they found some cobwebs and...spiders on them).
     
    Last edited: Sep 8, 2021
    Rideandrepair, Dino soar and JoeyJunk Thank this.
  7. SteveScott

    SteveScott Road Train Member

    4,897
    16,806
    Nov 10, 2015
    0
    Finding it kind of hard to believe that the OP let this go 11 days without a resolution. The fact that he created an account and made one post, and hasn't been back to update us kind of looks like a troll that has an axe to grind with Uber. Any O/O with an ounce of sense would have had this resolved in 2-3 days.
     
  8. Rideandrepair

    Rideandrepair Road Train Member

    17,336
    56,249
    Aug 8, 2015
    0
    Hard to believe no ones looking for the Freight. Shipper says it’s been Delivered? Doesn’t care?
     
    Mike250rs and 86scotty Thank this.
  9. ZVar

    ZVar Road Train Member

    10,911
    23,828
    Sep 10, 2010
    Flint, MI
    0
    Receiver refused it. Shipper sees it as delivered. What will happen is a bunch of annoyed accounts receivable and accounts payable people butting heads in 90 days when it comes due.
    That's if the receiver keeps good enough records and simply doesn't have to eat the charge if they want to continue getting product from the shipper.
     
    Rideandrepair and RedForeman Thank this.
  10. Cattleman84

    Cattleman84 Road Train Member

    9,918
    70,729
    Nov 1, 2017
    The Sticks, Idaho
    0
    Think if it were me that load would have been in the landfill about 8 days ago.
     
  11. 86scotty

    86scotty Road Train Member

    4,471
    11,996
    Aug 27, 2017
    Appalachia
    0
    I love the username. One of these 'one hit wonders' that picks a username based on the present moment. I shoulda picked "butt itches, what do I do" for my username.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.