CDL employee damage

[PJD1164]

What is the name of your state? PA

My husband was driving a company vehicle (Tri-Axle-Dump Truck) and there was an accident that damaged utility poles. The police came out and he provided both his CDL license as well as his company's insurance information. The incident was in 2006.

Now, almost 2 1/2 years later, we received a letter from the utility company's attorney, claiming that my husband (or his personal insurance) is responsible for for over $14,000.

He was at work, driving a company vehicle, so wouldn't the responsibility completely be on the employer and his insurance company?

He is no longer with that company, but is still working as a commercial driver and doesn't want this to infringe on his current employment, let alone be responsible for that debt.

Thanks in advance for any information you can provide.

[PJD1164]

Hello? tap tap tap. Is this thing on????????????

[lwpat]

Typically in a situation like this they sue everyone. He needs to respond with his emplolyer's information and also should forward the letter on to your insurance carrier just to CYA.

[xylene]

Originally Posted by PJD1164

let alone be responsible for that debt.

Your husband hit a stationary object.

Insurance covers this (work and his own), but he is in fact responsible.

14k for a utility pole is actually not that bad. I have seen some utilities try to rake people over the coals for many thousands more. They are giving you a fair price.

[PJD1164]

Originally Posted by xylene

Your husband hit a stationary object.

Insurance covers this (work and his own), but he is in fact responsible.

14k for a utility pole is actually not that bad. I have seen some utilities try to rake people over the coals for many thousands more. They are giving you a fair price.

He actually didn't "hit" a stationary object. The dump truck portion of the truck was defective and lifted while he was driving and hit (pulled out) wires above him. He stopped as soon as it started happening.

We did respond with all the information about his former employer etc. Would his personal insurance be responsible even though he was driving an employers vehicle? What if he didn't even own a car to have his own insurance? He did, but it doesn't make sense to me.

I have employees that drive a delivery truck (I own a furniture store) and several of them don't have their own insurance. So if they had an accident in our truck, they would be personally responsible for damages? I thought it would be our insurance that would cover it.....that's why I thought it was the employer's insurance in my husband's instance as well.
Especially since it was the defect of the vehicle that caused the damage, and not driver error.
Oh and thank you for your replies.

[PJD1164]

Well,
Thank you for your overwhelming help and advice. I just wanted to update that our lawyer wrote a letter stating that it was a company vehicle that was defective during company time and that all company insurance was provided at the time of the incident....

We received confirmation that confirmation today that we indeed ARE NOT (nor our personal insurance co) responsible and that the company's insurance has paid in full.

Just thought maybe my follow up might help someone else, since the advice I got here didn't.

PJD

[justalayman]

but it was free!!

come on now. You did not pay for advice so you really have no right to gripe when you did not get an answer you were looking for. Anybody that posts here does so at their own choice and as such, sometimes you just don;t get an answer.

ask for a refund. I know I would.

just a side note though; if your husband was aware the truck was defective, that actually could have changed everything as the driver of a truck is responsible for his vehicle and if driving it with a known defect, can be held personally liable for any damage as a result of that defect.

[PJD1164]

Um....I wasn't griping at all. The advice I got didn't help me, and I posted to hopefully help someone else. Just because I didn't have a good experience doesn't mean I was griping.

My husband was not aware of the defect. The defect was in the latch or mechanism that kept the dump portion of the dump truck down. (sorry, I don't know the technical terms). The owner of the company loaded the truck and set the latch, etc and handed my husband the keys to transport the load. The dump part lifted (into dump position) while driving and before my husband could come to a complete stop, the power lines that ran overhead across the street were snagged by the dump part and came off. He stopped immediately, called his boss, the police etc.

Hope that clears up any confusion.

[xylene]

Originally Posted by PJD1164

Especially since it was the defect of the vehicle that caused the damage, and not driver error.

You could have included this key piece of information in the first post as it changes the facts entirely.

I stand by my answer concerning striking a stationary object and that 14k is low for utility pole damage.

Also, this kind of subrogation hassle is proof positive that it is vital for anyone who has CDL and drives for a living to never count on employer coverage as sufficient.

Oh and thank you for your replies.

I am very happy your husband came out of this hassle uninjured physically and financially.

[justalayman]

Originally Posted by PJD1164

Um....I wasn't griping at all. The advice I got didn't help me, and I posted to hopefully help someone else. Just because I didn't have a good experience doesn't mean I was griping.

My husband was not aware of the defect. The defect was in the latch or mechanism that kept the dump portion of the dump truck down. (sorry, I don't know the technical terms). The owner of the company loaded the truck and set the latch, etc and handed my husband the keys to transport the load. The dump part lifted (into dump position) while driving and before my husband could come to a complete stop, the power lines that ran overhead across the street were snagged by the dump part and came off. He stopped immediately, called his boss, the police etc.

Hope that clears up any confusion.

yep. but it would have been good to include that in the beginning.

[PJD1164]

Originally Posted by PJD1164

He actually didn't "hit" a stationary object. The dump truck portion of the truck was defective and lifted while he was driving and hit (pulled out) wires above him. He stopped as soon as it started happening.

I did provide that information as soon as someone mentioned hitting a stationary object, and I realized I hadn't conveyed properly. Nobody replied to that post.

I find it interesting (not griping, just observing) that today I'm getting responses within minutes but when I was seeking advice, I didn't.

I've posted on several free advice boards (tech advice, etc) and have never felt unwelcome at any until here. I have donated to every one of the "free boards" when they helped advise me in my dilemma. Again, I'm not griping. Just making an observation. I don't know what the objective of this site is, so maybe I'm misunderstanding, but that's been my experience here.

Sorry for any distention I've caused.

[Zigner]

Just as an FYI - your husband drove without performing the proper safety checks of his vehicle. He relied on someone else. Nothing that you posted indicated that your husband COULDN'T have been found personally liable for the damage caused. I'm glad the work insurance stepped up...

[justalayman]

Originally Posted by PJD1164

I find it interesting (not griping, just observing) that today I'm getting responses within minutes but when I was seeking advice, I didn't.

I've posted on several free advice boards (tech advice, etc) and have never felt unwelcome at any until here. I have donated to every one of the "free boards" when they helped advise me in my dilemma. Again, I'm not griping. Just making an observation. I don't know what the objective of this site is, so maybe I'm misunderstanding, but that's been my experience here.

Sorry for any distention I've caused.

you caused no real problems it is just that sometimes a board is slow and sometimes it is busy. Generally this is a very active board.

Sometimes threads get buried if nobody currently on posts an answer and as the newer posts build up, it fades off into obscurity.

as far as getting quick responses today? well, since nobody is paid and it is possible that those that had some sort of advice simply were not around when you posted. Hard to tell.