Now I know this could be all part of an insurance claim to the negligent company and driver but will the incidental costs due to the situation cover our losses as well?
1. On a negligence and/or breach of contract claim you are entitled to recover incidental costs unless the contract specifically excludes them. On a negligence claim one is entitled to be placed back in the position he would have been in had the negligence never happened. In a breach of contract action, you would be entitled to recover your consequential damages plus the profit expected on the job.
Can this be part of the insurance claim they file with the other carrier?
I cannot afford to pay that back and have actually been thinking about moving on to another company. Problem is my contract has a 90 day non compete, and this personal guaranty provision in it holding me accountable.
3. If you signed a personal guarantee, then yes, it appears that you would be on the hook but your recourse is to sue the party that breached the contract or the negligent party for the losses that you incur in the same suit that is filed against you. They would be made a third party defendant by you in the suit that is filed against you.
Just want to know what my liability is and what my options are here.
4. Your specific liability would be controlled by the contracts you signed and if there was any negligence on your part. It is a little difficult to understand what all happened; but I would go forward with the insurance claim and see how that pans out. If you intend to sue, be sure to file within 2 years of when the first breach occurred.
Hope this answers your questions. If not just write me back...