Q: Rolled my truck over on load and my employer refuses to cover the damages to my truck. Is it worth going after him?
I have a few questions; I recently rolled my truck over while on load. I’ve been paying my employer 2k a month for insurance and he’s refusing to cover any damages to my truck or tow.
Also, the spot in which I rolled over, when I delivered my load one of the men there said I’m the 3rd truck this year to tip in the same area, and hes been trying to tell the broker to warn truckers to take a different route, but they haven’t taken any initiative. Is there anything I can do there?
Also please include your consultation fee in your response if possible, thank you
A:
There is no fee for consultation. Your employer must have provided you with an insurance card. Did you call the insurance after the incident? Did they refuse to pay the claim? If they did refuse, why? We had a recent incident where a trucking company purchased insurance for two of its own trucks but requested 20 insurance cards so that it could provide cards to 18 owner-operators. The owner-operators remitted directly to the company owner. There, the company owner collected insurance premiums from each of his 18 contract drivers but didn't purchase insurance for any of them. One of the trucks was involved in an accident. In that case, criminal charges are pending.
What caused the truck to fall? Is there a deep hole? You would need to provide a great deal more information before anyone can tell you whether you have a viable case.
Tim Akpinar agrees with this answer
A: It isn't clear if you made a claim yet. The first step is to initiate a claim. Based on how the insurance carrier handles the claim, you could consider a consult with an attorney. Good luck
A: Addendum - You mention other truckers encountering this road condition. If you contemplate pursuing entities involved in the design of the road, there could be notice of claim issues (short deadlines). If that is applicable, a local attorney could advise in more detail. Good luck
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