Is an owner operator responsible to pay for damages to company trailer?

Personally I see it as Im morally responsible for any damages I cause and if I did I would notify my Co. pay up and learn a lesson but id say that im in the minority of everyone on the road...but if I broke it I'll fix it.

That said...ultimately you're looking at what your contract and your state law has to say.
It really sounds like an attorney question just to be dead sure.

 

his name isn't "Rick" and he doesn't run the ice roads, does he..???

i would not only deduct the money from him, i'd DAC him, but since your company is small as you say, then you most likely aren't associated with DAC...but i can tell you this, i'd NEVER give a good reference either, i'd tell any potential employer he tries to lease on with that you had severe damages with equipment he operated, then let him try and sue you for false statements or liable or whatever...

any time you lease on a o/o, maybe you should state UP FRONT that

"YOU WILL WITH HOLD ANY AND ALL MONIES FOR ANY DAMAGES WHILE ANY EQUIPMENT YOU OWN, HE IS USING...."

put that IN WRITING, ON HIS EMPLOYMENT PACKAGE AND MAKE HIM SIGN IT.....

USE ALL BOLD UPPER CASE LETTERS to emphasize the clause in any contract you have..!!!


now you "can try" small claims court, hell being that you are (i would hope) in an office, and he's gonna be on the road someplace, you "might win" by default if he does not show up, OR have your attorney "mess" with him by having a court date, then at the last minute cancel and re-schedule it...how many times DO YOU THINK he can afford to keep taking time out of his next employer to go to court, before he gives up and pays..????

i think you will either win by default, or he just pays you off.....to avoid taking more time off needlessly.

you should screw with him as he has obviously done to you...

and IF his name IS Rick, and he runs the ice roads, DO NOT ever hire him back....

 

As an O/O, I have trailer interchange on my policy, so if I pull intermodal, my trailer or yours, it's covered.
Did he have his own insurance? If not, and if not in the lease contract, you might be on your own. Update your lease contract.

Regardless, Paul1052 expresses my feelings about have a moral or ethical responsibility to pay for repair if I'm the driver.

I don't think that you can just take it out of his check however.

 

What does the contract between the carrier and the O/O state?

 

If he is actually leased on to your company(not his authority) it should be covered under your insurance minus the deductible. If your lease states he is responsible for the deductible then you can hold it old of his settlement. Good luck if you have to try and collect in small claims,if i had all the money that O/O's owed me for damages,claims ect and then disappeared it would pay for a few new trucks.

 

I'm guessing you're asking because you know you have nothing in writing explaining how something like this is handled which then means you're SOL and need to use your insurance...I also think you need to amend your OO agreements so the next time you run into this, the solution is already there...

 

I think you're wasting your time, but that's your prerogative...It all comes down to what's in writing...If I wreck the company truck I'm driving, I'm not responsible for it...If a McDee's fry cook destroys the fryer, he's not responsible for it...It's the nature of business and business law...Have it in writing, if it's not, it's all on you even if he admits guilt...

Here's another thought, find a policy they can buy to cover such situations, maybe require they have it to work for you to CYA(and wallet)...

I know this isn't what you want to hear, but from owning businesses in the past, I've had the same type of situations and had to also learn the hard and expensive way...