Parking Lot Incident on 1099

If I didn't get paid the 1st week, I would have been gone in a heat beat.

 

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Yes.[/QUOTE]
Doesn't matter, you start with your state's DoL.

 

The truck that got backed into would go thru the insurance company or the company you drive for will just pay the repairs. My guess is your company might try to get you to pay them back since. The 1099 driver is fake so they might try and get you to pay them back for the repairs.

If you were real w-2 company job. The company would pay for the repairs

 

Doesn't matter, you start with your state's DoL.[/QUOTE]
^^^^^^^^^^^^^ THIS ^^^^^^^^

 

So you’re saying if you have a contract you can’t be sued if you are at fault?Also if you’re an employee you are under the impression you can’t be sued?Both are false neither release you from responsibility of your actions.This really has nothing to do with the post.Doesn’t matter if you’re an employee or a contractor or a friend I’m letting drive my car the insurance company is who the person not at fault is going to contact for damages . I had a guy hit me while I was parked after I got the insurance information I never talked to him again I have no idea if he was an employee ,owner or contractor. I dealt with insurance company

 

Time to buy some new mailbox letters

 

Boy people have a reading comprehension issue.

Without a contract, the liability for an accident is extended to the driver even more.

A contract protects the driver more from litigation and can prevent an attack from both the company and the plaintiff.

The regulations are the same for a lease onto a carrier or a driver who is an independent contractor.

The courts have said this, the FMCSA has said this, and most state laws are saying this.

When you 'employ' a contractor, there is a requirement to have a legally binding document to indicate the work to be done, how much the cost is, and so on.

This is across all industries.

These cheap MF fleet owners who 'hire' drivers, and pay them as 1099 driver offers no protections to the driver at all. Many of these cheap pos owners/companies shift some - NOT ALL - liabilities to the driver in different ways, one way is to openly blame the driver for the accident. Another way and the most common is to charge back the driver for the repairs or part of the repairs even if the insurance pays for it.

We had a serious accident a while back near my home, the driver of a dump truck, a 1099 driver without a contract ran a red light, hit a straight truck, and the dump truck went into a house hurting three kids and one adult. The homeowner and his family sued the driver, sued the company, and even sued the company that owned the straight truck. The driver had a judgment against him, and one reason was the company threw him under the bus, no contract, no defined job-related duties, and was deemed at fault for ignoring company policies.

I have 1099 drivers, I use contracts that have been crafted to protect the driver as much as my company. I have seen a lot of crap being pulled on drivers when they are taken advantage of or put their entire careers on the line because they don't know what the requirements are for them to drive as 1099.

Many use the IRS 21 points, but some of those points don't apply here because of the regulations of how the truck is an asset of the carrier and the driver has to qualify, it is complicated but easy to get, and the carrier can't tell you how to run the load or what load to even pick.

I won't get into the rest, ask a labor lawyer, or pay the few thousand to have him/her explain what I have said for years.

If you are a 1099 driver, better be a contract, take it to a lawyer, and have them work with you to explain everything in the contract.

If no contract, find another job.

 

Not true. There is no such thing as a 1099 employee. In fact, a 1099-NEC, the NEC means "non-employee compensation". OP needs to complete form SS-8 from the IRS, and send it to the IRS and let them determine whether he is a contractor or not.

Then there is no contract the company has to backup a word of what they say. When a contract is ambiguous, unconscionable, etc. it is usually most always resolved against the person who drafted or is responsible for such contract. Pretty stupid of the company to not have a written contract, when they intend to do business as they have.

True this.

Also true. You are never a contractor just because someone states that you are. There is a reason there are folks with the IRS and other areas of government who live and breath worker misclassification.

While anybody can sue anybody, the burden of proof is always going to lie on the plaintiff. If they can't prove their case, they may as well get ready to take a big ole dump in their hand. Because that will fill before their wallet does.

No. Someone has insurance on that vehicle, and if the company has any brains at all, then you should be insured to operate the vehicle. Contrary to popular belief, nobody intent on filing suit is going to file "against the insurance". The insurance didn't harm anybody. You would be filed on, and the insurance company will be required to defend you, by providing legal representation either in house, or outside counsel separate from the insurance company. If you receive any service relating to suit from the accident, and you will now if or when you do, immediately contact the insurance company which insures the vehicle you were operating and inform them of the suit. It is more likely the company would be served with any potential lawsuit, and insurance would defend them. In any case, if someone is intent on suing you, they would have to properly serve you in order to do so. Proper service of the lawsuit would depend on the jurisdiction where the suit is filed I would imagine. The person(s) suing could obtain your address and relevant information to effect service on you through disclosures required to be made by the company you drive for.

While this could happen, doesn't make it legal. I would argue that I was (1) not an independent contractor, (2) never signed anything relating to deductions from my pay (depending on whether the state company is located in requires written authorization for deductions other than taxes), (3) would argue any deductions made without prior written authorization were made illegally without knowledge or consent.

Driver pulse is only the application process. They do offer a checkbox on the application to have a copy of the application emailed to you. I always do this when completing the driver pulse application that way I can go back and see exactly what forms were in the application when I completed it.

There is a need for tools/equipment. The truck, the trailer, the fuel, etc. Those are all tools. Driving you can't do at all without a piece of equipment to operate.

Refer to previous quote, with reply about the insurance. While they could certainly file suit against the OP, the insurance company will be obligated to defend. In limited circumstances, such as insured driver refusing to cooperate with insurance providing representation, the insurance company may issue what is called a reservation of rights and tell you that you are on your own until you want to comply and cooperate.

While he will need to obtain the administrative review, from IRS form ss-8 I would imagine, once that is determined that he is an employee, it will be retroactive back to day 1.

Oh it can, and will, if the company reports it to DAC.

The only time an insurer is not obligated to defend an insured against a claim for damages, is if the claim results from incident the insurance policy does not cover.