sumo_mayor
New Member
- Jurisdiction
- California
Hi, I'm a manager for a transport broker company. We received an order from a customer to tow a trailer from PA to NV. We brokered the job to a third party carrier who is licensed, bonded and insured to operate. While in transport, their assigned driver was involved in an accident which resulted in the trailer being totaled.
Our company filed a damage claim with the carrier's insurance on behalf of the customer. After the case was reviewed by the carrier's insurance company, they denied the claim and stated that the driver and truck that was dispatched by the third party carrier was not listed on their insurance policy.
We've been as helpful as we could with the customer's insurance claim. We've stayed in contact with everyone involved in the insurance claim. We've been constantly pressing the carrier's insurance company to review the case again. We've asked the carrier to cover the damages or to ask their insurance company to cover the damages. Despite all the help we've been able to offer, customer feels that our company is responsible for the damages and that our company should pay.
We kindly disagreed with the customer and asked him to review our transport contract agreement which he signed an authorized when he submitted his order. In our transport contract agreement under 'Terms and Conditions' we have a clause regarding damages caused by a carrier that states:
[Our Company Name ] is not responsible for claimed damage caused by subcontract driver/carrier. [Our Company Name] can only be responsible for the deposit from the quote provided to the customer in the order.
My Question: Per our signed contract agreement, does the customer have a case going after our company for damages caused by third party/subcontract carrier?
Our company filed a damage claim with the carrier's insurance on behalf of the customer. After the case was reviewed by the carrier's insurance company, they denied the claim and stated that the driver and truck that was dispatched by the third party carrier was not listed on their insurance policy.
We've been as helpful as we could with the customer's insurance claim. We've stayed in contact with everyone involved in the insurance claim. We've been constantly pressing the carrier's insurance company to review the case again. We've asked the carrier to cover the damages or to ask their insurance company to cover the damages. Despite all the help we've been able to offer, customer feels that our company is responsible for the damages and that our company should pay.
We kindly disagreed with the customer and asked him to review our transport contract agreement which he signed an authorized when he submitted his order. In our transport contract agreement under 'Terms and Conditions' we have a clause regarding damages caused by a carrier that states:
[Our Company Name ] is not responsible for claimed damage caused by subcontract driver/carrier. [Our Company Name] can only be responsible for the deposit from the quote provided to the customer in the order.
My Question: Per our signed contract agreement, does the customer have a case going after our company for damages caused by third party/subcontract carrier?