department of transportation asks money for road damages

[RomTon]

What is the name of your state? NY
Hey Yall. Please advise what to do in such a situation.
Owner hired a driver but did not add him to his insurance. The driver did not sign the contract and did not wait for the insurance company to add the driver to the company's insurance and did not accept the cargo. The driver left with the cargo and immediately got into an accident. The insurance company refuses to pay for road damage because the driver was not added to the insurance and I think this is fair. The driver does not answer calls and letters and now the department of transportation is demanding money from the owner for road repairs.

 

[Zigner]

Based on what you've posted, the owner needs to pay for the road repairs.

I would also like to add this: Thank you for posting a concise set of facts and (implied) question.

 

[LdiJ]

Based on what you've posted, the owner needs to pay for the road repairs.

I would also like to add this: Thank you for posting a concise set of facts and (implied) question.

I agree that the owner needs to pay for the road repairs, although the bolded confuses me:

"The driver did not sign the contract and did not wait for the insurance company to add the driver to the company's insurance and did not accept the cargo. The driver left with the cargo and immediately got into an accident. The insurance"

I don't understand how the driver did not accept the cargo but left with the cargo anyway. Perhaps it is vernacular I am not familar with?

 

[RomTon]

I agree that the owner needs to pay for the road repairs, although the bolded confuses me:

"The driver did not sign the contract and did not wait for the insurance company to add the driver to the company's insurance and did not accept the cargo. The driver left with the cargo and immediately got into an accident. The insurance"

I don't understand how the driver did not accept the cargo but left with the cargo anyway. Perhaps it is vernacular I am not familar with?

This truck was driven by another driver who accepted and loaded the cargo, but he had to leave the truck on the truck stop. Another driver arrived by plane, drove on a truck with cargo already loaded and got into an accident.

 

[quincy]

This truck was driven by another driver who accepted and loaded the cargo, but he had to leave the truck on the truck stop. Another driver arrived by plane, drove on a truck with cargo already loaded and got into an accident.

The owner does not seem to be doing a very good job of hiring responsible drivers. Costly mistake.

 

[LdiJ]

This truck was driven by another driver who accepted and loaded the cargo, but he had to leave the truck on the truck stop. Another driver arrived by plane, drove on a truck with cargo already loaded and got into an accident.

Did both drivers work for the owner or did they work for someone else? I would think that legally the second driver would have officially accepted the load when he accepted the assignment to take over driving the truck. I realize that you are trying to give good details here but the legal relationships between the parties are a bit unclear.

 

[quincy]

The owner is ultimately responsible for having uninsured drivers.

 

[RomTon]

Did both drivers work for the owner or did they work for someone else? I would think that legally the second driver would have officially accepted the load when he accepted the assignment to take over driving the truck. I realize that you are trying to give good details here but the legal relationships between the parties are a bit unclear.

While the owner was trying to do routine business, the driver drove off and got into an accident. I can't judge this as a lawyer, because I'm not a lawyer. Of course, the driver is required to wait until the owner completes all the paperwork.

 

[quincy]

While the owner was trying to do routine business, the driver drove off and got into an accident. I can't judge this as a lawyer, because I'm not a lawyer. Of course, the driver is required to wait until the owner completes all the paperwork.

The owner potentially could seek to recover costs from the driver but he permitted an uninsured driver to drive for his company, intentionally or not, so the owner must pay the damages.

 

[RomTon]

The owner potentially could seek to recover costs from the driver but he permitted an uninsured driver to drive for his company, intentionally or not, so the owner must pay the damages.

Undoubtedly, this is Ovner's fault.

 

[quincy]

Undoubtedly, this is Ovner's fault.

Right. So after the owner pays the damages, he can seek reimbursement from the driver, if necessary by filing suit against him.

I hope the owner has learned something.

 

[Zigner]

Right. So after the owner pays the damages, he can seek reimbursement from the driver, if necessary by filing suit against him.

Maybe, maybe not. It's definitely something to explore.

I hope the owner has learned something.

Me too, but I doubt it.

 

[quincy]

... Me too, but I doubt it.

When there are monetary damages that results from actions, there is more likely to be lessons learned (i.e., “better not do that again”).

 

[Zigner]

When there are monetary damages that results from actions, there is more likely to be lessons learned (i.e., “better not do that again”).

One would hope that's the lesson learned. Far too often, the takeaway for folks is they have to be more careful about covering their tracks and not that they should comply with the law(s).

 

[quincy]

It sounds like the company owner has been getting the insurance necessary to cover his drivers. This new driver might be an exception - and, depending on the details of the accident, the new driver might be a driver the owner is best off firing.