Owner op using me as ghost driver on elds

Discussion in 'Experienced Truckers' Advice' started by ddixson, Aug 17, 2022.

  1. Rideandrepair

    Rideandrepair Road Train Member

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    How are they going to charge him for an accident, if he’s nowhere near the scene? It’s a non issue. If it were every Driver would need a Lifelock type product for their CDL What most people imagine can happen and reality are very far apart. Right now the OP is the one making an accusation. What proof does he have, if any. I highly doubt they have records of paying him for said time driving. The PPP requires a W2 be filed for payroll. Either way, with or without a W2 any PPP fraud would be exposed.
     
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  3. rch10007

    rch10007 Medium Load Member

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    You're better off calling Jerry Springer and telling him. This is never going to go anywhere so move along. In fact, I'd love to hear a recorded conversation with any member here speaking to an actual live IRS employee. The government doesn't give 2 turds about you, your family, your employer, or their wrongdoings. Those federal employees engaged in fraud are after real criminals, not some petty fleet owner. You should consider that before you think you need some special care because your feeling got hurt. It's not the governments job to make you feel better.
     
  4. roundhouse

    roundhouse Road Train Member

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    All good advice but do it in writing snail mail . Or make an appointment and meet with someone from those agencies in person x
    It’s much much more effective than phone calls


    Wait a couple of weeks and mail the same Info and copies to your state or federal representative,

    if these agencies get contacted by a state or federal congressional representatives office , that will have a whole new interest in investigating your case ,


    Also , how did you find out this has been happening ?
     
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  5. Ridgeline

    Ridgeline Road Train Member

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    Look, he isn’t a former employee if he is being used as a driver on a log, as I pointed out the owner of company can take money out of the account, claim it is payment for the driver, who is 1099, even issue a 1099 and the logs back up the claim made by the owner. If the owner gets into an accident, he can claim the driver was present and even driving but left the scene and again it is on the driver to prove otherwise.

    edit - it is not the audit but the lawyers who will look into the logs of the drivers of the truck involved in the accident that give the most risk - end edit

    the problem is on the driver not protecting himself, he needs a lawyer who can craft a cease and desist letter to stop the possible liabilities involved.

    has this happened before?

    yes, it has and I pretty much gave you a story about an actual case still pending in court.
     
  6. wis bang

    wis bang Road Train Member

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    Lawsuit filings address the known names of drivers and companies and throw in john doe and abc corporation -or- any other person, company, and corporation as a 'catch all' approach. Usually the initial filings request answers to 'interrogatories' a series of questions confirming identification of all parties regarding ownership, control and several other factors. Should this 'boss' add the OP to these forms and later provide additonal fabricated materials under discovery; OP needs ali the available ammunition available to prove otherwise.

    Once again, this is America.

    Anyone can sue anybody for anything.

    Having your individual identification mixed into the information of a denied insurance claim opens you to being part of a lawyer's backdoor attempt to re-open their claim by filing suit against the individuals named to bring the insurance back to the table.

    I've mentioned this one before. Our tractor following an SUV in the right lane of NJ turnpike in the rain. Pickup accelerating to enter highway spins out into SUV and with no where to go, we join the party. Our insurance denies saying it's the pickup's fault. When our driver gets sued, along with the other driver. So the pickup's company must have denied saying 'that big bad truck made things worse'. So the individuals are sued and their individual insurance has to defend.
     
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  7. ZVar

    ZVar Road Train Member

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    They aren't. But we aren't talking about getting charged for an accident anyway. We are talking about the civil lawsuit that will likely follow.
    Step one is the victim/victim's family is going to do is subpoena any documentation the carrier has of the truck, driver, wreck, etc. When they see the ghost driver's name on the logs they will also add said ghost driver to the lawsuit.

    Now the ghost driver has to prove that he wasn't actually working for the carrier. If the carrier is good, they will simply say he wasn't working there. Thing is, if the carrier was any good, they wouldn't be using a ghost driver. So now the ghost driver has to prove he wasn't there. After all, the logs claim he was. Remember, courts love a paper trail. If it's written down it's like the word of God, unless proven otherwise.
    Yes, like you mentioned earlier cell records help, but you know what helps more? An official complaint, i.e. paperwork, that you already knew the company was using your name illegally. The more proof, the better.

    No one is saying the lawsuit will be state vs. driver. It will be victim vs. carrier and everyone involved.
     
  8. baha

    baha Road Train Member

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    He could really say that you were driving and ran way after the crash and he was in the (sleeper) like the ELD said and you were with a married lady who can't give you a alibi at the the time of the crash?
     
  9. Capacity

    Capacity Road Train Member

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    File a SS8 with the IRS , hopefully you paid taxes as a contractor if not your SOL.
     
  10. Old Man

    Old Man Road Train Member

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