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Thread: Who is responsible for damage in small accident?

  1. #16
    Senior Member RoyalFleet's Avatar
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    Quote Originally Posted by Wade Randolph View Post
    I cannot imagine how much a chauffeur is going to get paid on a $28.00 airport run.
    That's kind of a high price for them. They go to LAX from San Diego, which is about a 125 miles and over 2 hours with no traffic (which is impossible) each way for $169. Here is SD we have a couple of sedan companies that like to trade dollars for dollars. Some day they will learn

  2. #17
    Super Moderator Limo Scene's Avatar
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    Karl, love that you posted the code. As soon as I read this I was going to go get it. There have been many valid points here. Business owners have a risk in everything they do. EMPLOYEES are very well protected by law and yes, they know this. In the case of a vehicle backing into a pole, don't be so quick to think that is going to fly as negligence. I tried that once when a chauffeur hit several of those orange delineators/orange sticks in a construction zone. I deducted the cost of repairs. He took me to labor court. We attempted to say it was negligence. The judge asked if I could PROVE negligence. Unless you were there, you cannot. It was determined to be "an accident". You cannot legally charge an employee for an accident, damage, breakage or loss unless you can prove in a court of law that GROSS negligence occured and caused the event to happen.

    There are not too many things in business that come up that are worth arguing in court about. They are usually settled long before it gets that far. It is your car, it got damaged you you need to pay. And yes, if the driver is stupid.....you might have been stupid for hiring him and even more stupid for keeping him around. Either way, it is your company. Now, if you have a true I/C relationship, hell yes, charge him. A rental car company would charge you for damage to their car but you are not their employee.
    Jim A. Luff
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  3. #18
    Senior Member Wade Randolph's Avatar
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    Luff do your drivers get out of " balance"? LOL

  4. #19

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    Quote Originally Posted by limo scene View Post
    karl, love that you posted the code. As soon as i read this i was going to go get it. There have been many valid points here. Business owners have a risk in everything they do. Employees are very well protected by law and yes, they know this. In the case of a vehicle backing into a pole, don't be so quick to think that is going to fly as negligence. I tried that once when a chauffeur hit several of those orange delineators/orange sticks in a construction zone. I deducted the cost of repairs. He took me to labor court. We attempted to say it was negligence. The judge asked if i could prove negligence. Unless you were there, you cannot. It was determined to be "an accident". You cannot legally charge an employee for an accident, damage, breakage or loss unless you can prove in a court of law that gross negligence occured and caused the event to happen.

    There are not too many things in business that come up that are worth arguing in court about. They are usually settled long before it gets that far. It is your car, it got damaged you you need to pay. And yes, if the driver is stupid.....you might have been stupid for hiring him and even more stupid for keeping him around. Either way, it is your company. Now, if you have a true i/c relationship, hell yes, charge him. A rental car company would charge you for damage to their car but you are not their employee.
    exactly why i said you must have an agreement from the driver admitting fault and allowing you to deduct the damages. I said do not take it without permission. You will lose. In the few cases that this has happened, when they take reseponsibility and agree to pay to have it fixed, i have never taken the full amount from them. I respect them for owning up, and usually split the cost the first time. Second time, we part company.

  5. #20
    Senior Member Wade Randolph's Avatar
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    The original goal of going into business should be to make a profit and to build wealth for your future. I don't understand the low ballers.

  6. #21
    Senior Member RoyalFleet's Avatar
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    Quote Originally Posted by Wade Randolph View Post
    The original goal of going into business should be to make a profit and to build wealth for your future. I don't understand the low ballers.

    It took me many years to learn just because your busy with lots of cars, doesn't mean you are making money.

  7. #22
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    Quote Originally Posted by RoyalFleet View Post
    It took me many years to learn just because your busy with lots of cars, doesn't mean you are making money.
    This is why I am working to get rid of all my debt. It is very easy to tell someone to pound sand when they want a low price when you don't have to worry about making that monthly $1,500 note payment (per vehicle). I have witnessed several companies send out cars at below profit pricing just to get the cash flow in to make that months payment and avoid a call from the finance company.

    Now, I will say that occasionally I will post an awesome last minute special to get something rolling just because I don't want to sit around my place on a Friday night, but I will still be making a profit on that trip. That is something that works for me, but may not work for everyone else.
    Tim Wiegman, Jr.
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  8. #23
    Senior Member Wade Randolph's Avatar
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    Tim we all have worked special deals when times are slow but honestly $28.00 for a luxury sedan ride to the airport? That is below what worn out cabs charge here.

  9. #24
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    Quote Originally Posted by Wade Randolph View Post
    Tim we all have worked special deals when times are slow but honestly $28.00 for a luxury sedan ride to the airport? That is below what worn out cabs charge here.
    Yeah. I understand what you are saying. Even the trips from airport hotels for me can be close to double that. Marriott KCI to airport has a base of $45 and it is less than 2 miles...and the hotel offers a free shuttle. I still get a few of those a year though.
    Tim Wiegman, Jr.
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  10. #25

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    Quote Originally Posted by Wade Randolph View Post
    The original goal of going into business should be to make a profit and to build wealth for your future. I don't understand the low ballers.
    I totally agree with you. It takes time to get yourself out of trap which you put yourself in. I practiced what I saw from my previous boss. The more i learn about the industry and business the more i become aware of things needs to be done differently than what i saw and i am doing now.

    If you do a little bit research here in San Diego. You will see many Sedan companies (which have been in the business over 10 years) are charging approximately same prices or even lower.And many companies did not even change their prices this year. These prices were already existed before i entered to the market. I just arranged my prices to the market level. There was no way for me to start my business with the price level of La Costa Limo or Torrey Pines. Even if i did it i would not survive.

  11. #26
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    This is the most in depth discussion we ever had on the subject:

    http://www.limousinesonline.com/show...-for-Accidents

    Covers ding funds and Being a quasi insurance company
    Steve Walker ppvsteve@gmail.com

  12. #27
    Senior Member Cedar Mill Limousine's Avatar
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    Quote Originally Posted by BLVD Limo View Post
    There has been a law firm advertising pretty heavily around here for accidents involving CMVs. If an employee were punished by working a long day, this might be something that could be used against you in the event a second incident should happen, especially in the highly litigious society we have found ourselves in.
    Quote Originally Posted by RoyalFleet View Post
    In my opinion long work days leads to these type of mistakes.
    I did not mean a longer day of driving. I can see the points raised for our "litigious society" and see the importance in writing them up for everything, so that when something big happens you have a reason to terminate. Much better to terminate than ask them to fix the mailbox after their shift (not pay for the box, just put it up, etc.).
    Rich Rottier
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  13. #28

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    Perhaps this particular driver should not be allowed to go on the freeway anymore! LOL!
    Lenora Bowman

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  14. #29
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    Quote Originally Posted by Limo Scene View Post
    Karl, love that you posted the code. As soon as I read this I was going to go get it. There have been many valid points here. Business owners have a risk in everything they do. EMPLOYEES are very well protected by law and yes, they know this. In the case of a vehicle backing into a pole, don't be so quick to think that is going to fly as negligence. I tried that once when a chauffeur hit several of those orange delineators/orange sticks in a construction zone. I deducted the cost of repairs. He took me to labor court. We attempted to say it was negligence. The judge asked if I could PROVE negligence. Unless you were there, you cannot. It was determined to be "an accident". You cannot legally charge an employee for an accident, damage, breakage or loss unless you can prove in a court of law that GROSS negligence occured and caused the event to happen.

    There are not too many things in business that come up that are worth arguing in court about. They are usually settled long before it gets that far. It is your car, it got damaged you you need to pay. And yes, if the driver is stupid.....you might have been stupid for hiring him and even more stupid for keeping him around. Either way, it is your company. Now, if you have a true I/C relationship, hell yes, charge him. A rental car company would charge you for damage to their car but you are not their employee.
    Either way I think everyone should make their driver sign something saying they are responsible even if you don't plan on enforcing it. I'm sure that damage is much less likely to occur if they think they are going to have to pay for it.

  15. #30

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    Quote Originally Posted by RoyalFleet View Post
    That's kind of a high price for them. They go to LAX from San Diego, which is about a 125 miles and over 2 hours with no traffic (which is impossible) each way for $169. Here is SD we have a couple of sedan companies that like to trade dollars for dollars. Some day they will learn
    Not impossible, midnight to 6am is open freeway(when there's no construction). I, I mean a friend of mine made it there in 1hr45min with no traffic.
    Tough times don't last. Tough people do.

    Limo Kings Limousine Service
    www.limokings.net

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