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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.