[lazer79]

Hi, I need some help. I live in PA and my husband works for a small company (5) employees total. My husband had an accident in the company truck. He ran into the back of another employee in another company vehicle because the guy stopped and my husband went to go around and the guy started moving. Needless to say my husband was in trouble with this boss. My husband was told that there was a deductible of 1,000 dollars and that his boss did not want to pay for it. Then his boss told him that he was responsible for the damage and that he was taking it out of his pay. My husband did not sign anything or make an agreement. For the last 3 pays he has been deducting $100.00 dollars out of his check. Also his boss took the same truck for and inspection and was told that he had to fix the damage or it would not pass inspection. So his boss never turned it in to the insurance and had the damaged fixed. Is my husband liable for the damages? And if so, what should he have to pay for? Thanks

[AK lawyer]

If your husband negligently damaged the vehicle, he should pay the deductible.

The fact that his boss elected to not make a claim with the insurance company is not your husband's concern. He shouldn't have to pay the damage in excess of the deductible, if that's what you are asking.

[excon]

IS my husband liable for the damages? and if so what should he have to pay for? Thanks

Hello l:

The issue is larger than that... Because if your husband does ANYTHING other than go along, he's going to lose his job. So, I don't know what's more important to you, and I don't know how much money we're talking about here...

From MY point of view, your husband is NOT responsible unless: (1) his operation of the vehicle was PROVEN to be negligent, (2) he has a written agreement with his boss that he IS responsible for ALL damage to the equipment he uses.

Plus, I wouldn't want to work for a jerk who would rather take money from ME than his insurance company...

So, the question is what you're going to DO about it... I'd quit and sue him for what he's taken so far... However, your husband may be a little more rational than me. I just don't like to get ripped off.

excon

[twinkiedooter]

Sounds like a trucking company. Trucking companies don't like to keep putting in claims to their insurance company as their premiums will go through the roof.

Sounds like at one point your husband must have signed something for them to be taking money out of his pay. Probably one of the first set of paperwork he signed when joining the company. This is usual trucking company procedure. Nothing new there.

This happens all the time with trucking companies - employees damage the equipment and then think they don't owe since the company has the truck insured. Doesn't work that way. Someone must meet the deductible especially if the employee damaged another company truck in addition to his truck.

Trucking companies try to be fair about this sort of thing, but why should the trucking company absorb the $1,000 deductible on your husband's accident? As a professional driver he knows how to supposedly drive properly. He did pass the other vehicle which makes him at fault.

At $100 a paycheck, that is not too bad. They could have taken $200 a paycheck. This way the company is at least being compassionate about the accident.

Truck repairs are not cheap compared to a car. Try the repairs are at least 4 times what it would cost for a car to be repaired.

[tlawson]

The question is, is it legal for a company to make an employee pay the deductable.
If you are employed with a company then you are insured through the company. If you are a driver you have to clear the insurance check, at least in most companies.
It seems to me that it would be illegal for a company to deduct money from an employees check in an accident. Fire, retrain, write up, yes but the company is responsible for its employees, and their actions.
I would bet that it is illegal...

[AK lawyer]

What is your rationale for your belief that the company cannot charge its employee for damages caused by that employee?

[JudyKayTee]

The question is, is it legal for a company to make an employee pay the deductable.
If you are employed with a company then you are insured through the company. If you are a driver you have to clear the insurance check, at least in most companies.
It seems to me that it would be illegal for a company to deduct money from an employees check in an accident. Fire, retrain, write up, yes but the company is responsible for its employees, and their actions.
I would bet that it is illegal....

I'll bet against you. Show me where you got your legal info and see if you can change my mind.

I deal with this on a regular basis. Unless there is something specific in writing the employee pays the deductible.