Parking Lot Incident on 1099

"The OP can be sued, there is no doubt about that, his liabilities are extended because he lacks a contract that protects him."
Not true, he is in fact an employee. The criteria/relationship are what determines contractor or employee status. As someone else stated anyone can sue for anything but in this case he would not be liable as an employee. I have had contracts (not as a driver) that stated all kinds of things between myself and a company and that I was 1099. Based on the criteria it was determined I was an employee. And I received unemployment, pay and damages for overtime that I did not receive when being paid 1099.

 

I'm not a lawyer, but my figuring is this:

Regardless of whether you're 1099 or W-2, you were the operator in charge of the vehicle that rolled back and damaged the other vehicle so I see no reason why they couldn't sue you if they were so inclined.

 

I see your point. Let's say a driver was an employee of Swift and the truck rolled and caused damage. The company pays, no liability for an employee, company is the one that carries the insurance. Even if the Swift driver were sued it is the company insurance that would take care of any property or personal injury. OP is in fact an employee, not his truck or his insurance. Someone could try to sue him but that would be useless, they could not collect anything from him, same as they could not if he were a Swift driver.

 

Sounds like a guy who wants out of his responsibility.. A former co worker lost a mirror two times the second time it happened he snagged the keys and refused to give them back until he collected some money . The first fly by night Canadian outfit never paid a penny he wasn’t getting burned again by the second one.. his only option was small claims court which is useless.

 

He lacks the contract, he has to be determined by the court or an administrative review from a complaint to be deemed an employee. The problem for the OP is he is on the hook under the law about independent contractor liabilities. He doesn't have the protections of an employee and without a contract that doesn't define the liabilities, then he is exposed to them.

 

They totally can come after the company civilly, but what is going to happen to you is that your company is going to get some money out of you. You're going to pay the deductible for those damages since you're on a 1099. Also, I doubt it will go on your DAC, but it's a possibility you'll get points on your license, as this to me is more like an incident as opposed to an accident, at least in my mind. Be prepared for all of this to happen.

 

You can report to your State Dept of Labor, they will make a determination. Court or attorney is not necessary. Employment does not have to be stipulated in writing. The criteria determines a worker's status. You should not have to pay a deductible or anything.