canada liability insurance shipping
Is a driver - under a verbal contract with their trucking company - liable for cargo damage? (Canada)
<p>My in-laws decided to try their hand at driving semi-trucks and found some random company in Ontario willing to "hire" them. I put that in quotes because they never actually signed any kind of a contract, everything was verbal. They were given a semi to drive and started making deliveries.</p>

<p>Eventually they got an order to deliver some perishable goods and something went wrong with the temperature control. When they arrived at the destination, the goods were ruined. The shipping company told them they are fired and wouldn't be getting their last paycheck. I'm still not sure whether the temperature being wrong was their fault or not.</p>

<p>The whole situation is bizarre to me, as I would never get into a truck and start driving without a contract that spells out liabilities, duties, payment, etc. But they are immigrants who were eager to get a job and don't really know what they should and shouldn't be doing.</p>

<p>This was a few months ago. Recently they got a call from some guy from "an insurance company" asking them if they remember that last trip before they got fired and would be willing to answer some questions. They said they were busy but would call him back. They are now wondering what their best course of action is.</p>

<p>Is it feasible that they might be held liable for cargo damage? Would it be best to answer the questions with as much detail as they remember, or claim they don't really recall much? Should they even agree to answer anything at all, or just tell the guy that they have no interest in discussing it and bid him farewell?</p>

<p>There are many things going on in this situation: their resident status <em>(noted in comments)</em>, if they had commercial driving licenses <em>(noted in comments)</em>, what - if anything - they wrote down of their verbal contract, who they dealt with at the company, how long they worked for them, what has been said to them since, if the "destination" company has threatened anything, the identity of "an insurance company", if the trucking company had insurance on the cargo (they must have) as well as the truck itself and on the drivers, etc.</p>

<p>I'd say they need legal advice to sort it all out. Legal advice is off-topic here; but <em>my suggestion</em> to get legal advice is not. And, I Am Not A Lawyer™.</p>

<p>I think they need legal advice to determine if</p>

<blockquote>
  <p>1) they can get their last paycheck from the trucking company (if they
  want to try to get it), and</p>
  
  <p>2) know how to deal the phone calls from "an insurance company" as to
  what who they are, who they work for, what to say or what not to say
  or to ignore the calls, and</p>
  
  <p>3) how to deal with the trucking company, if there has been any
  contact made, and the state of the company's insurance.</p>
</blockquote>

<p>Take a look at Legal Aid Ontario <a href="http://legalaid.on.ca/en" rel="nofollow noreferrer">http://legalaid.on.ca/en</a> There also may be legal aid organizations in the town/city. And/or some law firms may do pro bono work.</p>

<p>Having no contract strongly implies that they were dealing with a dodgy company. Most likely no taxes were paid etc. That doesn't change the fact that they worked and need to be paid for their work. </p>

<p>The truck, the goods, the cooling system, were all supplied by the company, and not under their control. No truck driver would be responsible for the spoilt goods in that situation if all they did was step into the truck, drive from A to B, and find the goods are spoilt at the destination. (I actually know drivers who do that kind of thing and who get stuck with a broken cooling system sometimes, and that's all just part of the business, either insured or written off; no way would the employee pay). </p>

<p>To sue them for damages, the company would have to show a contract that says the driver is liable. Tough when you don't have a written contract. So your relatives should definitely go for their pay check. </p>
