trucking laws and liability

Still dpes not matter what he was driving. It was a commercial operation not personal use so the rv exemption does not apply

 

Jack Leg ??LMAO ! I've seen many of them in big rigs as well !

 

I am not a lawyer, but here's my 2¢.

Whether he did the job legally or not is between him and the FMCSA, now that it's an issue after the fact. About the only merit it might have in your case is a lack of credibility on his part.

Oh yeah, and his not having cargo insurance. Which is really why hiring him was a bad idea. When you agreed to pay him to move that RV, he is now a commercial carrier and the RV itself is the cargo. He's liable for damages between points A and B. Any other shipper (under normal terms) would withhold payment to offset damages, probably not paying anything until a settlement is reached. That would normally be spelled out in the contract you didn't have. Chances are, your insurance wouldn't have paid under these circumstances even if you had no deductible. If they did pay out, they'd be suing the guy anyway on your behalf to subrogate their loss.

The fact that you have no contract or bills of lading, will make it more difficult for you to prove your case. Which really won't matter unless he actually tries suing you to collect. In that case it should be a simple offset.

For $2500 it might be worth consulting a transportation attorney. Or just do as you proposed, not pay and wait for him to sue.

 

The way I see it...

1. You have no written contract, so what can he prove?

2. 2100 miles in 40 hours kills his credibility, he fell asleep and hit the cones...any judge would see that at that time he was a public menace waiting to kill someone in YOUR vehicle.

3. He moved the RV in exchange for $, it was a commercial transaction he should have been insured.

This is the lesson you learn the hard way...still consult an attorney who will probaby tell you to tell him to go pound sand.

Next time hire an insured professional not somebodys buddy, you might pay more but look at what kind of liability this guy could have drug you into if e had killed a family in your vehicle and he had no insurance.

Actually you got off lucky this time....good luck

 

I have a different spin on this. He told you in the beginning that his insurance would not cover a motorhome. You told him that your insurance would cover any damage, although you did state something about a deductible. It seems to me that you assumed any liability for damage when you allowed him to take your motorhome after he informed you that his insurance would not cover any damage. Personally, I don't think you have much of a case, if this is how things transpired. You may be able to offset the cost of transport due to the damage, but you agreed to let a guy take your property knowing he had no insurance to cover any damage. It doesn't make any difference whether the guy was in compliance or not. Nor does it matter whether the guy had a CDL. My guess is that he did have a CDL. If this goes to court, you probably won't be able to collect from him. you knew in advance that he didn't have insurance to cover any damage, yet you allowed him to transport it anyway. By telling him that you had insurance you assumed liability. As I stated, you may be able to avoid paying him or you may not. I don't think you will be able to collect any damages from him unless the court goes along with your allegations.

 

If you had the sense to get a copy of his driver's license you wouldn't need to ask . You should have also asked to see a copy of his insurance policy .
Legally , he can sue you for transportation charges unless there was a written contract allowing damages to be deducted .
Did you even get the name of his business ? Was there something in writing using his business name ? You can get his info here if he has MC authority . http://www.safersys.org/CompanySnapshot.aspx
Just send him a certified letter letting him know you will pay him as soon as damages are paid . It is not unusual for carriers to wait 30 days or more for payment unless you were foolish enough to sign something agreeing to COD . How is the deductible figured in your insurance ? There should be no deductible if someone else is at fault . Did this clown have transport plates ? If he did it's all on him . He told you his insurance didn't cover motorhomes and you said o.k. .