What would you do?

Critter Truckin · Jan 27, 2009

This is for owners and drivers alike. If the truck you are driving for an owner (or owners, vice-versa) is tagged by graffiti slingers while parked in a place where the owner wanted the drivers to go to have something fixed, who pays the insurance deductible?

Tempest · Jan 27, 2009

As a general rule if you wreck my truck and it is your fault, you pay the deductable. If not and the other drive was uninsured I pay the deductable and settle it in court. Hit a Bridge, You pay. Graffit? Not enough info. Was the truck parked in what you knew was an unsafe place? Was safer parking available? If so, yes you should pay. Barring those cicumstances, I could not justify making you pay. This is just my thoughts on the matter and may not be someone elses.

Critter Truckin · Jan 27, 2009

The truck was parked at an apartment complex, where we had family. We had some issues with the truck that the family member was going to help us out with and that's why we were there. The owner knew and was all about us having it fixed at no cost to him. We had parked in the same spot on other occasions and had never had any problems.

Tempest · Jan 27, 2009

under these circumstances I pay the deductable but it would be a very cold day in hades befor I let you park there again. Next time you pay

pjjjjj · Jan 27, 2009

Ouch!
Sorry bout your luck

bigjoep89 · Jan 28, 2009

I think that if you are going to be held responsible for things that may happen to the truck you should be getting a lot more then the common 60/40 split. Ask the owner if the truck is broke down will he compensate you for the time you have to wait for the unit to be repaired? Ask the owner if while you are waiting in line for oil changes and truck washing will he pay you a hourly rate, as time is money? A lot of fleet owners take advantage of the free labor when the truck in not moving. If you are lucky enough to be doing business with one of the really good fleet owners think twice before jumping ship.

mirangerman · Jan 28, 2009

I picked owner because .........

The truck was parked at an apartment complex, where we had family. We had some issues with the truck that the family member was going to help us out with and that's why we were there. The owner knew and was all about us having it fixed at no cost to him. We had parked in the same spot on other occasions and had never had any problems.

This statement alone, says that the owner was kosher w/ you - and therefore, pretty well exonerates you from liability.

But then - that's just MHO

-charles

Tempest · Jan 28, 2009

bigjoep89 said:
I think that if you are going to be held responsible for things that may happen to the truck you should be getting a lot more then the common 60/40 split.

So if someone drives your truck under a 10 ft bridge knowing it has a 13'6 clearance he should get a pat on the back while you pay the bill for the truck and probably the bridge repair because he only gets 60%? I wanna come drive for you!!!

As state above, I agree with you Charles. I said ok so I pay. Even if I hadn't said ok in this instance I would be paying because no previous history existed. Now that we have a history though, next time its not my bill, because as stated above I would not want my truck parked there again.

davekc · Jan 28, 2009

I think in those situations I would pay. No different than a truck getting tagged in LA or NY.
Just goes in the sheet happens column.

Angil82 · Jan 29, 2009

Your owner wanted you to get something fixed for free. He was happy to hear about that. So, he was taking a chance in letting you go to the apartment complex to get his truck fixed, and graffiti happened. I say he is 100% liable. If he was at the least a little concerned, he would have had you go to a TA or Speedco. But, he was looking at the dollar signs, so now let him look at the other side of it. Not to mention, I'm sure that is a grey area in all contracts ever written, so, that would be easy to fight, and win.

2czykats · Jan 29, 2009

Angil82 said:
Your owner wanted you to get something fixed for free. He was happy to hear about that. So, he was taking a chance in letting you go to the apartment complex to get his truck fixed, and graffiti happened. I say he is 100% liable. If he was at the least a little concerned, he would have had you go to a TA or Speedco. But, he was looking at the dollar signs, so now let him look at the other side of it. Not to mention, I'm sure that is a grey area in all contracts ever written, so, that would be easy to fight, and win.

The money he saved on the free fix is now going for the deductable for damages so everything should even out.

Critter Truckin · Feb 1, 2009

Thanks for everyone that responded to the poll and gave responses. We're happy to inform everyone that our owner is paying for the deductible if it goes that route.