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

It will go well as long as you retain control of the discussion, leave no loose ends (be prepared with any needed paperwork, property inventory, and whatnot), and make it brief. Don't waffle or second guess yourself, and be prepared for a sad story about hungry children or a sick wife or a foreclosure that will tug at your heart. Be real clear - you've made your decision and it's final.

When you feel yourself getting weak, just think about the mess you still have to clean up and the future trouble you won't be having, and that will bring your memory back quick LOL.

And don't keep your new fan club here waiting too long to hear how it worked out!

 

OK, you posted while I was typing. If he will not sign-off, pay him and see if you can file in small claims court to recover.
BTW, looked at several O/O agreements that I have been collecting and it is clearly spelled out that each party is responsible for damage to the equipment they own. Not sure how common this is but at most I have ever heard someone coming after an O/O for is the deductable on the insurance policy.

 

That is the way of all of the contracts I have signed. I have NEVER seen one or would have expected to see where someone would sign a contract that stated all damages.

 

I second that motion

 

Just checked my email and this was from my insurance guy: "...It is the responsibility of the party that is required to maintain financial responsibility has the property adequately insured. In the agreement that I have been reviewing with your attorney if an O/O damages a trailer and it can be documented that it was "extreme negligence" or "repeated negligence" then they would be responsible for the deductable or damages up to the deductable. Repeated would be based on your policies. Best example is curbing. First time you would pay for the damage and notify the driver that your policy is that repeated negligence accidents will be charged to the driver.
"Extreme" is difficult to prove and the best way to recover the deductable on this is to have a police report or insurance report. And example would be that the report says it would take speeds in excess of 30 MPH to cause this damage. Mechanic reports will not cut it.
Expecting the driver to pay for damages beyond the deductable could get you into trouble. You would have the control over filling a claim or not. But it would be easy to say that because you had the driver cover the whole repair that you didn't file an insurance claim. ..."

 

I think the most valuable part of this thread is what we should have all learned. Make sure we have a lease that covers everything. Regardless of whether we are the company or the truck owner, know what our options are under the agreement.

Also, I am a firm believer in second chances but that is the limit.

And finally, JMHO, no matter the situation an honest equitable solution between two parties is always better than involving an attorney if not necessary.

The DOT inspection incident is without excuse and should be dealt with accordingly.

 

This is just my opinion, depending on sercumstances, was it avoidable, was it just driver not paying attention, is this an ongoing problem with the same driver?, was the problem mentioned in a timely fassion?,did you disscuss this with OO when hiring, that any damage that he causes do to his own fault would be his responcablity?, pending what happened would be ether i paid or the OO, If i cant prove OO problem but was in ongoing issue, Id just let go and have to eat the repair