Owner op cannot get unloaded, need advice, please

That would be interesting wouldnt it. Be a form of phyrric victory. I have proof that landed me into being prosecuted, but still the other ####### burned on his lying. HA.

I have been put into that position a few times in life not necessarily facing criminal charges, but a form of ###### if you do and ###### if you don't in trucking. So what I do is stand on principle. They can always fire me. But I will sleep well at night. There is a closet full of cat food for that eventuality.

 

Its Christmas, go home worry bout it monday. When some one calls on the 26th. Be polite but tell them sorry bout your luck. I've done this twice hauling potatoes. The trailers in your yard you figure out how to get it on the dumped. Either call when its empty or call me Monday.

I was a company driver, company had my back which was cool. ( really didn't matter) But my family comes first I can always find another job. Hell I cleaned toilets for 18 months. Morale is go home and be with the family. Never missed my wife's birthday in 14 years and not gonna start now.
Hope this helps. Just you gotta do you. Hell in all honesty my current boss ate a couple dollars dealing with a similar situation. He said don't worry man we bought them cheap! Never looked back

 

I think email conversation with broker should be enough to protect you . If not paid - try filing broker bond claim ...worked for me many times

 

I have often wondered about this exact situation.

Somehow you have to prove that you were there and that they refused delivery, I doubt they're going to write refuse delivery on the Bol.

Now I'm just going by what I have read because I'm very interested in this type of horrible situation. But I think it would be better for a load, generally speaking, not particularly to the o p, to put it into storage.

But what are the legalities with that? I think most contracts say it has to be put in the broker's name. Do you do that or do you put it in your own name until you know that you are being reimbursed and you know what you're getting paid?

There are a lot of questions with that kind of stuff. But I would think it would be better to put it locally in storage somewhere and get a load back to wherever you came from.

Does that make sense? And it will cost the receiver less money if it's only across town rather than the whole Shipment has to be resent.

 

I had this kind of situation before. Was late to the delivery appointment and also just before Christmas. Broker told me to keep the load in my trailer till Jan 2 for the next available appointment.
However on the BOL it said "protect from freezing" and temperature was dropping every day, so I did not even.want to risk it. Plus I wanted to work the day after Christmas.
Called the shipper, they said it's not their problem and that they won't take the load back.
Ended up calling bunch of cross docks/storage facilities. Found one trucking company who agreed to hold the load for $500.
Then I decided to show up at the receiver anyways. Sat there for 5-6 hours, then they took me in when one of the scheduled trucks did not show up.
So even though I did not sleep all day and night, I was the happiest dude on the Christmas Eve haha

 

A bill of lading is a contract. Various parties in this transaction have not adhered to the obligations in the contract, i.e. specified load times, which in turn caused you not to be able to fulfill your obligation to deliver etc. etc. The fact that there is a 3rd party, the broker complicates matters.
Do whatever you need to do in real time to minimize any more loss you may incur on this load. You can look for relief, meaning legal action at some future date, but I doubt that you will recover on any judgement against the shipper, or the broker. Or the legal fees will exceed the amount of the judgement.
This world is full of broken promises. Get out of it as best you can. And yes it happens in the trucking industry all the time.
I am not an attorney, but I watch them on TV.

 

This is why O/O should have it written in their carrier to carrier, carrier to broker agreements. Just like when you get a load from a broker you agree to their terms, they should agree to your terms. Have you noticed to all the terms we agree to when we finance a car/truck, buy a phone, sign up for services. You are running a company and need to protect your assets. I never ran into that problem, but I guess I would of got a OK from the broker, your customer, and left it locally for someone else to deliver.

 

When l was an Owner/Operator. l took off the entire week of Thanksgiving and depending on the calendar all the days needed to enjoy Christmas and New Years at home. l owned my truck outright (clear title in my name).