A significant drawback of establishing motor carrier authority and relying on brokers -- particularly brokers with whom you have only scant history of doing business -- is the risk of nonpayment.
Clearly, nonpayment has been an issue for plenty owner-operators in Overdrive‘s audience over the years. In response to a 2026 Overdrive survey, three in every five reported taking some recourse in the event of nonpayment. If your business is stiffed by a broker or freight forwarder that has gone broke, or perhaps even had no intention to pay to begin with, the situation may seem hopeless, yet with the right strategies you can still recoup a portion or even all of the unpaid freight bill.
In the video above, originally part of Overdrive's Trucking Law series, attorney Paul Taylor, managing partner of his Truckers Justice Center firm and a lawyer who has represented drivers and owner-operators for three decades, has produced a handy guide to track down responsible parties and, potentially, payment.
Knowing who you're dealing with -- and the crucial differences between a freight broker and a freight forwarder -- is the first step. This distinction determines who a carrier can go after for payment.
Taylor also explains that understanding and reading the fine print of a broker's master hauling contract is key in determining who the carrier can look to for payment.
Taylor's guide also goes into Section 7 of the Uniform Bill of Lading, when a broker's bonding company or trust fund is liable for payment, and if companies are entitled to payment from a defunct broker's bank.
[Related: How owner-ops dodge shady brokers, ensuring freight's paid when due]
