Seems like we are moving to a best case scenario of:

1.) you get kept whole financially by broker's insurance
2.) homeboy does time for this one plus his probation

Getting the original machine back seems unlikely.

Deerdude said:

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I don't think it's a Kubota but I'm not bothering to read back past the OP. My Kubota has tracking in it. I can go to app and see exactly where it is including address and pin.
I'm sure that this feature is easy to disable.

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It is a 2022 Kubota and unfortunately does not have telematics (which is shocking for a $75,000+ when new, piece of equipment to not have it).

CowtownAg06 said:

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Seems like we are moving to a best case scenario of:

1.) you get kept whole financially by broker's insurance
2.) homeboy does time for this one plus his probation

Getting the original machine back seems unlikely.

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Yes sounds like he will get locked up according to the investigator, especially since Grayson county will be dealing with him.

As for insurance, let's hope so, without me having to sue them for it.

I was able to determine with my attorney that the attorney that reached out on behalf of the broker is an insurance attorney that was appointed to the broker, which means that they are taking it seriously and most likely want to settle this. My attorney seemed to think that was a better sign, than an insurance adjuster reaching out to me, trying to nickel and dime me and offer a low ball value.

Deerdude said:

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Aggie118 said:

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Deerdude said:

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I don't think it's a Kubota but I'm not bothering to read back past the OP. My Kubota has tracking in it. I can go to app and see exactly where it is including address and pin.
I'm sure that this feature is easy to disable.

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It is a 2022 Kubota and unfortunately does not have telematics (which is shocking for a $75,000+ when new, piece of equipment to not have it).

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I bought a 25 with it, but not sure when they started adding or if it's an option. I just know it came on mine.
Dang I hope you pull this off.

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Me too I think we're getting closer. The investigator just sent me some photos of texts that he sent to his friends showing the machine and saying that he'll do $9000 cash on it so they can make a little bit on it selling it for $15,000. He even says that "it's an expensive machine like $50,000.".

Aggie118 said:

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Deerdude said:

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Aggie118 said:

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Deerdude said:

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I don't think it's a Kubota but I'm not bothering to read back past the OP. My Kubota has tracking in it. I can go to app and see exactly where it is including address and pin.
I'm sure that this feature is easy to disable.

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It is a 2022 Kubota and unfortunately does not have telematics (which is shocking for a $75,000+ when new, piece of equipment to not have it).

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I bought a 25 with it, but not sure when they started adding or if it's an option. I just know it came on mine.
Dang I hope you pull this off.

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Me too I think we're getting closer. The investigator just sent me some photos of texts that he sent to his friends showing the machine and saying that he'll do $9000 cash on it so they can make a little bit on it selling it for $15,000. He even says that "it's an expensive machine like $50,000.".

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I'm loving what an idiot he is documenting his crime so thoroughly. Hopefully he spends some significant time in Huntsville.

Ogre09 said:

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Aggie118 said:

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Deerdude said:

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Aggie118 said:

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Deerdude said:

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I don't think it's a Kubota but I'm not bothering to read back past the OP. My Kubota has tracking in it. I can go to app and see exactly where it is including address and pin.
I'm sure that this feature is easy to disable.

---

It is a 2022 Kubota and unfortunately does not have telematics (which is shocking for a $75,000+ when new, piece of equipment to not have it).

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I bought a 25 with it, but not sure when they started adding or if it's an option. I just know it came on mine.
Dang I hope you pull this off.

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Me too I think we're getting closer. The investigator just sent me some photos of texts that he sent to his friends showing the machine and saying that he'll do $9000 cash on it so they can make a little bit on it selling it for $15,000. He even says that "it's an expensive machine like $50,000.".

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I'm loving what an idiot he is documenting his crime so thoroughly. Hopefully he spends some significant time in Huntsville.

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A quick Google shows that this is a 3rd degree felony based on the value of the machine he stole (supposed to be 2-10 years + fines). I would have to think combined with the fact that he's already on probation and all of his other active criminal activity that hopefully he will at least get a few years behind bars and not be able to plea it down or just get another probation.

Update:

Finally got the representation letter from the broker's attorney. It essentially says we are co-victims and that they are not responsible for my loss as they did not take possession of the equipment themselves. They acted as the broker and not the actual carrier. The carrier (thief is responsible for harming us both).

Our attorneys are talking tomorrow.

My response? See you in court Ace. Triple damages are now in effect.

Aggie118 said:

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Update:

Finally got the representation letter from the broker's attorney. It essentially says we are co-victims and that they are not responsible for my loss as they did not take possession of the equipment themselves. They acted as the broker and not the actual carrier. The carrier (thief is responsible for harming us both).

Our attorneys are talking tomorrow.

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Do they know what brokers do?

Guitarsoup said:

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Aggie118 said:

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Update:

Finally got the representation letter from the broker's attorney. It essentially says we are co-victims and that they are not responsible for my loss as they did not take possession of the equipment themselves. They acted as the broker and not the actual carrier. The carrier (thief is responsible for harming us both).

Our attorneys are talking tomorrow.

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Do they know what brokers do?

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They absolutely do, but they also know what attorneys do, and I will cite this as example #42,572,620 why I don't talk to them without counsel present.

Aggie118 said:

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Update:

Finally got the representation letter from the broker's attorney. It essentially says we are co-victims and that they are not responsible for my loss as they did not take possession of the equipment themselves. They acted as the broker and not the actual carrier. The carrier (thief is responsible for harming us both).

Our attorneys are talking tomorrow.

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I want that gig. All the upside, no downside. Pay me and if things go to ****, not my problem.

Well, since they don't have any damages except you being mad at them; that tells you what they think of your claim.

I suspect your attorney will drive home the point that they did not vet the carrier adequately. I know the bad actor was impersonating a 'legit' carrier, but somewhere along the way they had to have direct contact with him to vector him to you. Any google search involving broker responsibility when carriers are bad actors start off with POINT #1: It's the broker's job to vet carriers. I think someone even pointed that out way back on the first page
or two of this thread.

I hope your lawyer is an a**hole.

Aggie118 said:

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Update:
First of all, huge thank you to Centerpole90 for all of your help.

The driver/carrier insurance is unsurprisingly claiming that this is not covered because they are classifying it as "non-delivery". A little googling and it looks like they cover theft but only if it's stolen by a third party, doesn't count if it's the driver/carrier who does it?

Now it will presumably fall to the broker's insurance who I would think will make the same argument and deny the claim.

At this point, the way I see it, it will likely come down to the broker bond, or them paying out of pocket either voluntarily to avoid me filing on their bond, civil suit, legal fees, FMCSA complaint filed etc… or I will have to go to court to sue them.

I feel like I would have a very strong case against them for negligence alone. Just a few things they did or didn't do…

- Didn't check how long they were in business before hiring them (they created this LLC December 15th and just got insurance the 16th).
- Didn't verify that the vehicle and insurance matched.
- Didn't verify that the driver's ID and the driver were the same people.
- Didn't verify that the guy had a carrier/boss, he is just a sole operator (not in itself bad, but paired with the fact it was just started definitely a red flag).
- Didn't pay extra for GPS tracking because it costs more (have this in writing) said they are going to start doing that now.
- The transport LLC was called "Sacurehaul LLC", I feel like misspelling should've been a red flag.
- Also have emails from my broker agent and the owner of the company apologizing for hiring this guy and taking full responsibility for my machine and it's safe delivery.

These are just a few of the bullet points.

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This from early in the thread should be enough to tell those attorneys to GFY.

Lawyers and a crappy trucking company……
This is 100% on the trucking company YOU hired. Their employee or contract work is whom they had insurance on.
I hope you take them to court and not only get your money for loss but all the other trouble, attorney fees and such, that you get some extra as well.
It is exactly what I was afraid of Friday.

Good luck sir

It's the broker's **** up by sending a thief to your door. They alone are responsible for creating the opportunity for the theft. They are liable for the consequences

Quote:

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Also have emails from my broker agent and the owner of the company apologizing for hiring this guy and taking full responsibility for my machine and it's safe delivery.

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Not a lawyer but that sounds like slam dunk court case evidence.

RikkiTikkaTagem said:

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AgResearch said:

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Quote:

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Also have emails from my broker agent and the owner of the company apologizing for hiring this guy and taking full responsibility for my machine and it's safe delivery.

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Not a lawyer but that sounds like slam dunk court case evidence.

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I can already tell you that their lawyer doesn't know they sent you this already. Would love to see the look on their lawyers face when he asks them "Did you send this email admitting you're completely at fault?" and they sheepishly admit "yes".

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Update:

The two attorneys talked today and basically their attorney said he doesn't go to court rooms. He is more of a business law attorney. They do not want to litigate. He said honestly if we sue them and win they are just going to declare bankruptcy as they do not have the money to pay me back.

They said that they want to join forces and assist me suing their insurance company. my attorney was formerly in brokerage and said that he had to teach their attorney several terms and that their attorney did not know what a bond was or what an MC number was. he also said that it didn't seem like their attorney has the full picture on what the broker had said to me over emails and texts as far as responsibility and liability.

My attorney and I are also going to explore going after their surety bond which is for $75,000.

ETA: it sounds like the insurance is denying the claim, claiming that it was an "intervening criminal act". Therefore, they are not liable.

50k bankrupts them. Hell of a business they are running there.

If they are bonded that covers their loss to you. What am I missing?

If they go belly up from that it's moot. The bond covers it. They already secured it and that's what it's there for. If they can't afford another one for later that isn't your problem.

That's hilarious. One insurance carrier refusing to pay but saying they will help go after another insurance carrier.

I hate insurance carriers.

A good attorney will tell you to sue anybody and everybody. Let the court sort it out.

Since the crime involved Cameron county, I believe I would try my luck down there if it were possible/legal. Valley judges and juries are sworn enemies of insurance companies.