QUESTION
Can I sue the broker I transport people for
Asked on Jun 06th, 2017 on Employment Contracts - Virginia
More details to this question:
I drive for a Medicaid broker transporting people to the doctor. I use UPS to send my trip logs weekly. The UPS has lost my logs and when I asked the company if I can submit my copied logs in light of the UPS losing the originals I was told that I could not thus leaving me to forfeit money owed me. Can I take legal action against them
1 ANSWER
Anybody can sue anybody for anything, but it doesn't sound to me like you have much of a case, unless the broker required you to use UPS, or has an agreement with you (which could possibly be implied from previous conduct) that it will accept copied logs where the originals have been lost. If you could have personally delivered the logs, and chose to take the risk of using a delivery service, I don't think you can impose that risk on the broker. It is even possible that the broker is required to have original logs to get its own payment from medicaid, in which case why would it pay you when it couldn't get paid itself?
You may have a better claim against UPS, but it is likely that your contract with UPS limits its liability in these instances to a minimal sum. Your best shot would be if you insured the contents of your package, but if not I don't think you have much of a claim.
Answered on Jun 07th, 2017 at 12:48 PM