Please help

[demonofthefall]

What is the name of your state? Louisiana.

Hey guys, I don't know if this is the right place for this but I am in need of some advice. About a year ago I met a couple that owned their own transportation company through a mutual friend. Basically they used their 2 trucks to move RV's from the manufacturer to the dealers and different things like that. Anyway, they told me that they were in dire need of someone to help. I needed extra money so I agreed to do what I could. Now keep in mind that I had never driven a truck this size, let alone one with a huge RV hooked to it. I told them this and they assured me it would be ok. The day came to move one from one dealer to another. I drove one truck by myself and followed them to the first dealer to pick up the RV. I had no idea of how to connect to it so they did it for me. At this point they insisted that we split up. I'd drop my RV off at one dealer while they would go to another across the state. I expressed my concern over the fact that I was inexperienced in driving in this situation but they insisted I go alone. I arrived at the dealer after driving all day and the gate I was supposed to drive through ended up being closed. I called them to inform them that the gate was closed and I could not get through. This is where things get crazy. They tell me to wait on someone thats supposedly going to be coming open it for me. After a long time of waiting they call back and tell me that the guy who is supposed to come open the gate is drunk across town so Ill have to take a back road. This obviously bothered me quite a bit. So I'm told to go around on this ridiculously dark unlighted road until I see a grass drive way to pull into. I see what I think is the right driveway but it turns out not to be so I end up getting stuck. Basically in the process of trying to turn around, a low hanging tree branch busts the window, tail light and a piece of siding on the RV. I call to tell them what happened and they finally arrive and park the RV. Now at first they were furious that the guy who was supposed to open the gate was not there, Evidently drunk across town and this leads to the drunk guy getting either fired or severely reprimanded for his obvious screw up. I end up not getting a dime for my full day of work and go home thinking this nightmare was over. Months later I get a call from said couple explaining that the cost of the RV damage was $5000. This seemed absolutely ridiculous to me for the amount of damage. I was never shown a bill but was told that I was at least partially responsible for the damages. Now even if it was $5000 in damage, should I be liable? Since I was working for their company, should their insurance not take care of it? Besides, they knew that I had no experience and choose to send me alone on this.. Not to mention the gate being closed and all that crap. So now im getting harassed by these people all day and night by them calling from a blocked number and asking me about my money situation and when I can give them money. They also tell me that they are in a bad financial situation and need the money immediately. All this almost a year later.... So please tell me if I am the least bit responsible for this....

 

[ecmst12]

Legally, you are just as liable as the business owners. However, they didn't pay you for the work you did, so that's going to offset your debt right there. And they were so incredibly stupid that I'd rather let them take me to court and explain to a judge why they thought this whole thing was a good idea.

 

[demonofthefall]

Hmm.. I don't see how I'm legally liable but I definitely don't doubt your knowledge. I just figured it would be the same as if I was working at a construction site for example and I accidentally smash someones windshield or something. Obviously the employee would not shell out the cash to fix it, the employers insurance would.. Anyone else have anything to say? I'm completely at my wits end with this situation..

 

[ecmst12]

You were driving, how could you NOT be liable, at least in part??? It's not like the tree jumped out at you, even if you didn't see it, IT didn't move, you did. In any auto accident, both the owner AND the driver (if they are different people) can be held liable. In this case, the business owners were particularly stupid/negligent in giving you this job in the first place, but that doesn't get you totally off the hook for your part in agreeing to get behind the wheel and DO the job.

 

[demonofthefall]

Come on guys..

 

[ecmst12]

What else are you looking for?

 

[demonofthefall]

Well no offense, but frankly, more than one persons opinion on the situation would be nice. Also there are some recent events having to do with all this that may or may not need to be taken into consideration. A few days ago the lady called and I basically told her that I wasn't ready to just give them money yet, and she proceeded to curse me out violently and tell me that even though their insurance paid for everything but the $1000 deductible, she was going to sue me for the whole sum. A little while after, the guy calls and he tells me he has me on tape saying I'd pay for everything (which is B.S) and that I'm not only going to "pay in court" but "pay alot more" because he would "f*ck me up wherever I went". I asked what he meant by that and he said "You'll find out". Now I have no idea what this psycho means by this. Im a 21 year old and hes a middle aged lunatic.. God only knows what this guy is talking about....

 

[IrishNodak]

I don't necessarily agree that you are liable. It depends on whether the court sees you as an "employee" or independant contractor. How big was the truck you were driving? Would it have required a commercial drivers license? Because that will be an issue as well. You were driving illegally which could get them into trouble as well if they sue.

My husband has driven trucks for 16 years. Some companies require a driver to pay the deductible or 1/2 the deductible if an employee causes damage. Others, just file with their insurance and they pay the deductible and don't charge the employee at all.

This might be looked at as you doing a "favor" and not a job at all.

I would stop taking their calls and let them take you to court. The most they will get is their deductible since they were compensated for the rest of the damage by their insurance at their own admittance.

 

[ecmst12]

It doesn't matter whether he was employed or doing a favor. He was DRIVING THE VEHICLE. Therefore some, if not most, of the liability falls on him.

 

[demonofthefall]

Actually, it DOES matter from what I can tell. The fact remains that I was EMPLOYED by this company and I was performing a duty of my job at the guidance of my boss at the time. What exactly dictates whether I was an employee or doing them a favor anyway? From my understanding, I was employed and would drive for them after this job was done (had it gone smoothly). They have an established company and I was looking for work. They were short handed and I needed a job. How is this a favor? Anyway, should I even bother filing some kind of harassment report on these people for the threats of f*cking me up and such?

 

[demonofthefall]

Also.. It was on his instruction on our CB radio system that I should go off road with the trailer due to the guy not being there to open the gate, causing all this crap in the first place. Had the place been open like it was obviously supposed to be and him not making the idiotic decision to instruct me otherwise, I would not have had to leave paved road.

 

[IrishNodak]

Actually, it DOES matter from what I can tell. The fact remains that I was EMPLOYED by this company and I was performing a duty of my job at the guidance of my boss at the time.

Were you actually employed? Did you fill out a W-4 with them? In any case, they are entitled to come after you for the deductible. Good companies wouldn't, but you now know these people aren't good business owners. They won't be able to get $5000 if their insurance company paid them $4000. All they can recover is their $4000. I would still let them sue you for it. If you do decide to pay them make sure you see proof that they are out the money.

As to the harassment, that's your call. If I felt they were serious I would report the threats. At least to have them on record in case they follow through and do anything like hurt you or damage any of your property.

 

[demonofthefall]

The point is, this is the bottom line: I don't feel like I should have to pay for his bad decision. Even though I told him that I wasn't comfortable taking the "back way" in, he insisted I did. I delivered this RV in perfect condition to the gate of this lot and thats where my job should have ended. For whatever reason, he didn't want to wait for someone to come open it for me and he made the stupid decision of instructing me to go this route even though I told him it was a narrow, very dimly lit road with overgrown trees and bushes on either side with no shoulder and that I didn't felt like I should do it. A tree limb would have never even came close to the RV had he not told me to go down this road in the first place. Although I was actually driving the vehicle, in my eyes HE was the one telling me what he thought I should do . Is this not a reasonable conclusion?

 

[ecmst12]

No, that's not reasonable at all. You could have said NO at any time. You were behind the wheel, stop trying to escape responsibility for the damage that you helped cause.

 

[demonofthefall]

I think you've stated your opinion several times in this thread. Is there any point in coming back to respond with the same thing? I'm pretty sure you have better things to do right? Its sad that with so many views, only two people responded. And yes.. I could have said no. Thats absolutely true. But it still doesn't change how I feel about the situation, even though that ultimately doesn't matter. I felt like if this man has been doing this for 20 years, who am I to argue? I just felt like it was at least necessary to express my concern over the situation and now it seems clear why... I have 2 questions: 1. Is it even possible for him to sue me for the entire $5000 even though he already admitted that his insurance paid for everything but the deductible? 2. Keeping in mind the deductible was $1000 (going by what they said), and they never paid me for the work and time I put in, what is reasonable offer to them? Also keeping in mind that these idiots never even bothered or offered to show me the bill. Im still a bit skeptical over the whole thing because to repair a busted 3x3 ft one pane window, a tail light and a busted piece of siding shouldn't be even close to $5000 even after labor is included. Or am I completely wrong? ANYONE else have anything to add? It would be greatly appreciated.