Trailer damaged by Receiver - Refusing to pay for repairs

loaders

Site Supporter
30
If someone sued me as the broker in a situation similar to this I would relish the opportunity to mount a vigorous defence against such an unfounded and frivolous accusation. Michael is correct, there is no insurance product available to brokers for claims such as this, nor should there be. Truckinsure, I am sorry, but I have to disagree with you 100%. It is exactly this type of “sue them all” attitude that has gotten us into this screwed up situation. You sue people to get restitution for a loss, you have suffered, not to somehow “punish” someone for what you think is a lack of attention to your problem. As you said, this would be dismissed in court and as far as setting some sort of precedence, not too many failed cases, actually none, result in a precedent being set. Honestly, I am surprised at your response. Up until now, I had thought your input in this site to be worthwhile and knowledgeable, now, I am not so sure.
 

Michael Ludwig

Well-Known Member
20
I think you might be reading more into @TRKINSURE 's response than what is being said.

The "sue 'em all" remark was reserved for those brokers that completely wash their hands of the entire incident and essentially throw a f*ck you at the carrier (and leave the shipper swinging in the wind). In that case, I would agree with @TRKINSURE and "sue 'em all".

The precedent being referred to is not a legal precedent but rather a precedent to be set by the carrier part of the industry saying we won't tolerate brokers that completely wash their hands of these types of incidents.
I do know that all of the good brokers will go to great lengths to resolve these situations in an equitable, fair, and timely manner. However, there are the bottom feeders ...

As for your vigorous defence, just exactly how would that go? "Your Honour, I have no responsibility towards this transaction. I don't own the product, the shipping facility is not mine, I don't hire the employees to do the loading. I don't own the truck, or the trailer, and I don't hire the driver. My only functions are to host an occurrence that would bring these two parties together for a business deal, act somewhat like an escrow account, and skim 20% off the top.". Does that about sum it up?

A thinking judge may be able to draw a correlation to the host at a house party ... "You sir, served the drinks.".
 

loaders

Site Supporter
30
Perhaps a judge with even greater powers of perception would equate this more to a marriage broker, bringing two willing parties together. During the act of consummation,if one of the parties doesn’t perform to expectations, does the marriage broker bear any responsibility? If the marriage broker had stated in his contract that there would be no “shortcomings” on behalf of either party, maybe there is a case to be made. Similarly, had the freight broker specifically warranted that his customer would not damage the carriers equipment, there could be grounds for a breach of contract argument. As I said originally, a professional broker should go to bat for the carrier and facilitate an equitable solution, just as he would represent the shipper if the carrier flattened three cars in the shipper’s parking lot as the driver attempted to back up to the dock. Most of us have been on both sides of this scenario.
 
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jonny-chicken

Site Supporter
20
All the hilarious comments and such aside, I should clarify something...

I have no intention of suing the load broker for something that was done by the receiver's employee. If I end up going to court for this, I will be suing the receiver alone.

A bit of an update... It has been more than a month since the VP/Plant Manager of the receiver said they would get back to me the following week. I have heard nothing...

I've been really busy with other things lately and haven't been able to devote any time to pursuing our reimbursement of $1100 repair costs from the receiver... My boss got impatient today and decided to pickup where I left off...

Another email to the President and VP/Operations Manager of the receiver to remind them of their obligations and a firm date for resolution before we proceed to file in small claims court.

Oh, and as an added bonus... I did several of these loads for this load broker who is now withholding payment on over $5000 in invoices that are over 60 days and is not responding to requests for payment status... again, this is because we filed an $1100 damage claim with their customer who is the receiver who's employee damaged our trailer.

Talk about adding insult to injury...

How's that for a broker guys!
 

tasuinam

Active Member
15
All the hilarious comments and such aside, I should clarify something...

I have no intention of suing the load broker for something that was done by the receiver's employee. If I end up going to court for this, I will be suing the receiver alone.

A bit of an update... It has been more than a month since the VP/Plant Manager of the receiver said they would get back to me the following week. I have heard nothing...

I've been really busy with other things lately and haven't been able to devote any time to pursuing our reimbursement of $1100 repair costs from the receiver... My boss got impatient today and decided to pickup where I left off...

Another email to the President and VP/Operations Manager of the receiver to remind them of their obligations and a firm date for resolution before we proceed to file in small claims court.

Oh, and as an added bonus... I did several of these loads for this load broker who is now withholding payment on over $5000 in invoices that are over 60 days and is not responding to requests for payment status... again, this is because we filed an $1100 damage claim with their customer who is the receiver who's employee damaged our trailer.

Talk about adding insult to injury...

How's that for a broker guys!
How does withholding your payment benefit the broker??? will he PAY the customer not to be mad because his employee damaged your trailer and you are asking for repair costs - that's what people have insurance for.....
 

jonny-chicken

Site Supporter
20
Spill the beans already Jonny!

Sorry for the suspense guys... haahahaa...

I didn't name names earlier because I wanted to give the parties the time and space to reflect and hopefully do the right thing...

That hasn't happened, clearly... haahahaa...

I did post a thread in the Non-Paying broker's section today to see if anyone else is having trouble collecting from Fairway Transport... I'm not exactly sure that this is the reason they are not paying us, because after several requests for payment status, they just keep saying they will get back to us.

They could be refusing to pay us or delaying payment for some other reason I guess, but I don't really know.

Even today. The response was, I will get back to you by the end of the day... Right...
 

Michael Ludwig

Well-Known Member
20
How does withholding your payment benefit the broker??? will he PAY the customer not to be mad because his employee damaged your trailer and you are asking for repair costs - that's what people have insurance for.....

It doesn't. Other than by inserting him/herself into the process the broker is trying to give the receiver the illusion that s/he is actually doing something of value for the skim ... err, I mean brokerage percentage/fee.
I don't know of many company president's that got to be where they are because they are stupid. Personally, if I were that president I would take the broker inserting themselves into the process as an insult ... but, that's just me. On a guess though, that president doesn't even know the load broker is withholding right and payable charges.

It might not be too late to simply call the police and have them complete an accident report. Submit it to your insurance company and have them duke it out with the receiver's insurance company. Typically insurance companies have the meanest lawyers God ever put breath into.
 

tasuinam

Active Member
15
It doesn't. Other than by inserting him/herself into the process the broker is trying to give the receiver the illusion that s/he is actually doing something of value for the skim ... err, I mean brokerage percentage/fee.
I don't know of many company president's that got to be where they are because they are stupid. Personally, if I were that president I would take the broker inserting themselves into the process as an insult ... but, that's just me. On a guess though, that president doesn't even know the load broker is withholding right and payable charges.

It might not be too late to simply call the police and have them complete an accident report. Submit it to your insurance company and have them duke it out with the receiver's insurance company. Typically insurance companies have the meanest lawyers God ever put breath into.
Agreed - that's why we pay insurance so we don't have to hash it out.....
 

jonny-chicken

Site Supporter
20
It doesn't. Other than by inserting him/herself into the process the broker is trying to give the receiver the illusion that s/he is actually doing something of value for the skim ... err, I mean brokerage percentage/fee.
I don't know of many company president's that got to be where they are because they are stupid. Personally, if I were that president I would take the broker inserting themselves into the process as an insult ... but, that's just me. On a guess though, that president doesn't even know the load broker is withholding right and payable charges.

It might not be too late to simply call the police and have them complete an accident report. Submit it to your insurance company and have them duke it out with the receiver's insurance company. Typically insurance companies have the meanest lawyers God ever put breath into.

Thanks, I could not have said this better myself... haahaa...

FYI... The receiver's president now knows that the broker is withholding payment. We thought that pertinent to mention in our email to him.

Also, on the accident report... Seems strange, but the receiver actually did fill out their own accident report because our driver refused to leave without it.

The report itself actually says "the Fork-Lift caught the tarp and it tore"
 

jonny-chicken

Site Supporter
20
Agreed - that's why we pay insurance so we don't have to hash it out.....

Yeah... that leads me to another problem I'm having... haahahaa...

I did check with my broker to see if this was something I should file a claim about... He checked with his colleagues and got back to me with the answer. Don't file a claim...

Again... I'm with a new broker and insurance company this year, and still adjusting to the change... And yes, I am currently looking for a new broker and insurance company! haahahaa...
 

loaders

Site Supporter
30
Sorry if I am reading things wrong, or maybe simply that I don’t understand what is happening, but why would the freight broker withhold your funds as a result of his customer damaging your trailer? What are the benefits of this action and who in fact benefits (other than the broker holding onto funds longer than he should)? I mean, if your truck damaged his customer’s building or something like that, maybe withholding your funds might motivate a resolution. In this case however, holding back money owed to you…the victim in this situation….makes no sense. What am I missing?
 

jonny-chicken

Site Supporter
20
Sorry if I am reading things wrong, or maybe simply that I don’t understand what is happening, but why would the freight broker withhold your funds as a result of his customer damaging your trailer? What are the benefits of this action and who in fact benefits (other than the broker holding onto funds longer than he should)? I mean, if your truck damaged his customer’s building or something like that, maybe withholding your funds might motivate a resolution. In this case however, holding back money owed to you…the victim in this situation….makes no sense. What am I missing?

Yeah, it sounds pretty weird eh... But you have the details correct sir.

Coles Notes...

We went to deliver a load, our trailer being a flatbed with rolling tarp kit system.

Receiver wanted the kit left closed and wanted to drive onto the trailer with a forklift to unload.

Unloader moved out most of the load and while backing out with the last piece, caught the rear roll-up tarp door of the trailer and continued until it was in shreds.

Broker and Receiver somehow try to place blame on the driver, who was standing 20 feet away.

Receiver ignores the claim for damages ( $1100 bucks and change )

Broker withholds payment of more than $5,000 in invoices that are now nearly 70 days old

It's like the twilight zone...

I really don't know what these people are thinking...

It's a simple damage claim... It happens all the time... The party who caused the damage, pays for the repairs...
 

jonny-chicken

Site Supporter
20
So... We heard back from the freight broker late yesterday...

Our invoices will be paid next week...

Thanks again, Inside Transport!
 

loaders

Site Supporter
30
Good news. Withholding payment from you was adding insult to injury, and for no purpose whatsoever. Now, get some or all of the damage claim paid and the world will be spinning normally back on its axis again, just as it should!
 

Freight Broker

Well-Known Member
30
Yeah, it sounds pretty weird eh... But you have the details correct sir.

Coles Notes...

We went to deliver a load, our trailer being a flatbed with rolling tarp kit system.

Receiver wanted the kit left closed and wanted to drive onto the trailer with a forklift to unload.

Unloader moved out most of the load and while backing out with the last piece, caught the rear roll-up tarp door of the trailer and continued until it was in shreds.

Broker and Receiver somehow try to place blame on the driver, who was standing 20 feet away.

Receiver ignores the claim for damages ( $1100 bucks and change )

Broker withholds payment of more than $5,000 in invoices that are now nearly 70 days old

It's like the twilight zone...

I really don't know what these people are thinking...

It's a simple damage claim... It happens all the time... The party who caused the damage, pays for the repairs...

Broker decided to use the opportunity to damage his own credit..
 

jonny-chicken

Site Supporter
20
Good Morning All,

I am happy to report that this matter has been resolved.

We have been paid for our freight invoices and we are expecting to receive the full amount of the repair bill by the end of this week.

The business relationship with this broker has of course been severed.

As a strange added twist, we have been told by the broker that we are no longer welcome at this receiver's facility.

Not that I'm in a rush to get back in there... haahahaa...
 
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