Load Abandoned

If he has not picked up the load, it cant be abandon. He got a no show. The dispatcher should of reassign the load to a different truck after the 1st delay.

 

If this Guy is a broker and he’s saying the carrier failed to show then that’s not how it works. Each load is a contract. Just as if there was some type of insurance claim, they cannot withhold monies owed

 

If the OP is a dispatcher sure, whistle up another trucker, get him out of the house and rolling to get the load.

Now if the OP is a owner of a trucking company contracted or promised or being expected to go fetch this load and run it... then yes there is a big problem.

My problem is this. Its taken days. bend over backwards to help Mr fix it according to OP it took maybe a week if that in resceduling. At some point whoever needed to hire a truck to move that stuff NOW probably got fed up and billed you for not running this load in a timely manner, he will have to go find another company and truck while the load's intended customer begins to whine and curse the shipper waiting on it.

it' has a way of explosion of spinning time and money with losses like this across the board. Your O/O mr fix it no show and so forth really is a problem.

The Dispatcher should have had other drivers and trucks. If not? Find some and hire em.

 

Once the load was picked up, you could argue CFR's. This case would be state law.

 

Maybe he realized you haven't paid him, "the checks in the mail" only works for so long

 

I may only be a company driver, but I've had that happen. There are loads where legitimately EVERYTHING will go wrong in rapid succession. So are you #### SURE he was actually lying, or are you just assuming?

 

Well, no. He didn't abandon the load. He never loaded it. As @wichris said, it *might* come down to state law.

I think the more important question is this - where do the customer charges stem from, and if you knew it was time critical, why didn't you recover the load at the first sign of trouble?

 

No you can't charge him for a thing.

He was not obligated to deliver a load he did not posses.

You can't hold money you owe him for the work he did.

I would rethink your operating strategy, when you got the first request to push the pickup, I would have looked for another truck to put the load on, and dropped the guy altogether.

I would also take a serious look at your contract with owners, I bet you are using a boiler plate contract and never sat down with a lawyer to create one.

 

Yesterday, I refused (or abandoned a load ) to load a truck of double stacked pallets right after check in because they wanted me to sign an acknowledgement , as a part of a check in sheet, on which they stated they will load me with a good product and any damages incurred during transit woukd be on me. The pallets were those chicken noodles you put to microwave for a few minutes. From my experience with that product, I know that it is damage prone. Torn boxes or smushed bottom layer boxes are common and that has nothing to do with driving negligence. Also in their warehouse they were stacking them 4 pallets up high already. There is no way that bottom layers were not compromised already.
I hate when they indemnify themselves from any fault like that - in advance. The broker seemed to be understanding but even if he wasn't, there is no way I would pay them anything...
The only solution would have been changing the wording on the check in sheet but it was not going to happen.
Truthfully, a big part of it it was the demeanor with which I was spoken to by the shipping person when I tried to point out the issue.
As cheap as that load was, I did not really care either.

BTW
A load abandonment happens when the load is abandoned after it has been loaded. Not before.
What the OP had was simply: truck did not show.

 

This is good advice here.

You can not hold any monies owed on prior loads.
Each load is a separate contract. They have to be paid in full, or you could end up with a bond claim or court.

You could invoice the company for the fees and charges, the chance you will get paid is slim. Most likely you would have to send it to collections for at best 35 cents on the dollar, or small claims court.
There are cost involved, filing fees and your time.
May be better to just get out of this and place the company on the NO list, move on.

As a side note, no disrespect here, but how’s it feel to get jacked around? Not very good, right. Not saying you do that, just that it happens a fair amount from brokerages.