This accident happened in Canada when I was pulling into a rest stop. A young girl in a small sports car decided she was going to beat me into the rest stop and cut me off. To avoid hitting her I turned away from her and hit a large concrete curb. I immediately phoned the safety department and the van owner. I also called the Canadian police and filed a police report. The policeman and I walked to where it happened and a drawing was made and I gave a detailed report. If there were any witnesses they didn't come forward. The young girl knew what happened and continued through the rest stop and out the exit. I was trying to get the van out of the way for incoming traffic while trying to see where she went. I didn't even think about getting her license number. The van was repaired in Canada and I drove it home. After the initial repair, other things started happening. It was pulling to the left and needed to be aligned but couldn't because the front ball joints needed to be replaced first. The owner had the left front ball joints replaced and then it was aligned. By the way, all this work (except the initial repair work in Canada) was done 150 miles (round trip)from my home (where the owner wanted me to take it). The fuel for this trip was out of my pocket and I had to have a family member follow me so I would have a way back home. I had to pay for that fuel cost also. This happened about the third week I was working for this owner. I really felt bad that it happened and offered to pay half the costs (initial repair costs). At the time he told me that $200 would be sufficient and he would take it $50 at a time from my pay ($50 was taken). Shortly after the accident the rear U joint blew. The van has 450,000 miles on it. I was the one who took the van to three different places before the owner settled on who would fix it. Again, I paid for that fuel. Several weeks later I decided to quit. I think the owner was upset because I quit. Now he wants half of all the repair costs instead of just the $200 we had agreed on. He wants half of the initial repair cost, half the cost for the alignment, half the cost to balance the tires after the alignment, half the cost for front ball joints and half the cost for a new tire. He claims that all this trouble was because of the accident. Maybe it was! I still have a check coming and he took it all and said I still owe him $45.00. After I quit I took the van back to where it wanted it (another 150 mile round trip for 2 vehicles) and filled the tank before I dropped it off ($90.00) and handed my brother-in-law a $20 for his gas for picking me up. The owner's deductible is $1,000 so no insurance claim was filed. I don't believe this accident was preventable (unless I was somewhere else). My only other choice was to hit her car instead of the curb. That would have been a lot worse and could have resulted in bodily injury. We had a written contract, but as I said, there is nothing in the contract about the driver paying for any repairs (accident or otherwise). After reading all your great notes, I think under these circumstances, half of the deductible would be fair. It seems to me that if I was going to be responsible for any accident, I should have been told that so that I could have purchased additional insurance for myself. I probably should have waited until I got my last check before I quit, but I'm a honest person and never gave it a thought that he wouldn't pay me. I spent a lot of time and money on fuel taking the van around to get it fixed, plus the $90 in fuel when I dropped it off. I have a neighbor that is a retired lawyer and judge and next week I'm going to ask his advise. Meanwhile, what do you think? Thanks!!
Thanks for the great responses to
- Thread starter _allan
- Start date
If all the facts are as you stated, AND you had no specified term of driving in you contract, I'd say you owe him the remainder of the agreed upon $200, or $150.
You say you have money coming. I hope it's not more than the $150
You say you have money coming. I hope it's not more than the $150
buckeyewildman
Seasoned Expediter
i agree if all the facts are as stated you should not pay more then the agreed on 200.00
greg334
Veteran Expediter
Actually, I would think that maybe take the loss and walk away.
The actual repair made in order to get the van home is a separate issue then the rest after the accident repairs.
I mean a van with 450K on the chassis, the ball joints could have been bad and in need of replacement regardless of an accident and the rear U joint is his problem 100% and should be his cost 100%.
Who would replace just one side of ball joints anyway?
Hope you kept the receipts for the fuel.
The actual repair made in order to get the van home is a separate issue then the rest after the accident repairs.
I mean a van with 450K on the chassis, the ball joints could have been bad and in need of replacement regardless of an accident and the rear U joint is his problem 100% and should be his cost 100%.
Who would replace just one side of ball joints anyway?
Hope you kept the receipts for the fuel.
Tricky issue. In your case it would almost seem fair to have a insurance claims adjuster look at it at the time, and then base costs from that.
Hitting a curb wouldn't likely effect the U joints. Front end is tough because of the high milage.
For the amount of money you are talking, I would probably agree that I would move on. You don't want to spend a dollar to collect a dime.
Davekc
owner
23 years
PantherII
EO moderator
Hitting a curb wouldn't likely effect the U joints. Front end is tough because of the high milage.
For the amount of money you are talking, I would probably agree that I would move on. You don't want to spend a dollar to collect a dime.
Davekc
owner
23 years
PantherII
EO moderator
jasonsprouse
Expert Expediter
Had the truck been inspected regularly by a real mechanic (not a quickie lube guy) the bad ball joints and U-joints would have been discovered long before they failed.
It sounds like you were operating an ill-maintained vehicle. It would be my suggestion for the future to have the vehicles yuou operate inspected at each oil change. Most shops will do this free of charge since they have the opportunity for additional sales if anythign is found.
It sounds like you were operating an ill-maintained vehicle. It would be my suggestion for the future to have the vehicles yuou operate inspected at each oil change. Most shops will do this free of charge since they have the opportunity for additional sales if anythign is found.
Broompilot
Veteran Expediter
My daughter bumped into the rear of someone and knocked out a tail lamp. No metal damage but left a scrape total bill $450.00 so the insurance company told us. (would have been willing to pay out of pocket.)
But here is what the guy wanted, a new exhaust system and plastic bumper that was only scratched. Claim adjuster laughed at the guy as he backed into a fire hydrant and punched a hole in the plastic. (my duaghter had pictures and the car did not have a cow horns stickinig out the front of it, the exhaust system? Brackets had rusted and was determined to be broken before the accident since there was no sign of breakage only rust.
When a situation like this happens, is it not better to GET A PIECE OF THE OFFENEDER when one knows that ones gona cause damage anyway? I know its all split second reaction but I bet you whished you would have tagged her. Sorry for your bad luck.
But here is what the guy wanted, a new exhaust system and plastic bumper that was only scratched. Claim adjuster laughed at the guy as he backed into a fire hydrant and punched a hole in the plastic. (my duaghter had pictures and the car did not have a cow horns stickinig out the front of it, the exhaust system? Brackets had rusted and was determined to be broken before the accident since there was no sign of breakage only rust.
When a situation like this happens, is it not better to GET A PIECE OF THE OFFENEDER when one knows that ones gona cause damage anyway? I know its all split second reaction but I bet you whished you would have tagged her. Sorry for your bad luck.
jasonsprouse
Expert Expediter
I agree with that somewhat. I totalled a truck once avoiding hitting someone. They drove off, never stopped. It was only coincidence that I was not severely injured or killed. I hit a large power pole and had I not hit the pole dead center in the truck (engine) it would have sliced through the truck.