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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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We are a hay company in TN and we sent 4-5 semis in last week

Resolved Question:

We are a hay company in TN and we sent 4-5 semis in last week to load at a farm in TX. The farm said their automatic gate got damaged and they think they know which truck did it but the driver doesn't think she did the damage. Despite that her trucking company is processing the claim through AIG this week, though I'm not sure if they will agree with it or it could take a month or more to resolve. The one estimate they had on the gate so far was $3,000. I had money on account deposited with the farm in TX for the hay and now they won't release the last approx. $3,000 of hay I have there until this insurance thing is resolved. By then the market could change and my customer could have found new spring hay. Anyway I would like to ask if the truck's insurance company does not pay due to the fact they didn't think their driver did it or theirs not enough evidence to prove which truck company did it is then is my companay responsible for the damage because we arranged the trucks to go in there? Or is the farm owner more responsible if they can't prove the driver or which trucking company did the damage or if someone besides the different trucking companies damaged the gate? Can you give me the most likely answer based on this information and what a court or small claims court would most likely decide based on previous case law? Thank you.
Submitted: 1 year ago.
Category: Business Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

Customer:

Thank you.

BizIPEsq. :

from the perspective of the farm you were the client who sent in the trucks so they are within their right to withhold the payment pending a reasonably timely resolution of the issue. You would have a claim against the trucking company. If you haven't paid in full you could withhold payment until the matter is resolved

BizIPEsq. :

the key is for the farm to investigate this in a timely matter and identify the culprit truck. If I were you I would call them up and ask for a date certain by which they will conclude their inquiry. I would also follow up with an email/letter and also note to them your potential damages as a result of the delay in the release of funds and that "time is of the essence".

Customer:

Ok thank you. Not what I hoped to hear but good to know. And those other points are well noted. We haven't paid the trucking company yet so I will hold off on that until we find out what the insurance company is going to do.

BizIPEsq. :

Keep a close tab on this while the matter is fresh in everyone's minds.

Customer:

Yes thank you will leave you very good feedback

BizIPEsq. :

thank you for using Just Answers

BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
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