Hello, looking for advice/experience from other drivers. I recently obtained my CDL-A and am looking to get some experience. I have been offered a driving position that is flexible and fits around my full time job schedule. The owner would like me to work as a 1099 Contractor rather than a W2. I am not worried about medical insurance or workman's comp because I am covered medically and have a short term medical plan that would cover any absence from my full time. The driving job would be for the company contracts and using their equipment/fuel. My question surrounds vehicle liability insurance should I happen to be involved in accident. Am I covered under the owner's commercial policy for liability claims? This could be a BIG deal given the amount paid out for big truck claims! I'm not sure if the Motor Carrier/Trucking Company is mandated by law to carrier the insurance for their vehicles. Thanks for the help!!
1099 Driver Vehicle Insurance Coverage
Discussion in 'LTL and Local Delivery Trucking Forum' started by EPS.LLC, Mar 25, 2019.
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You can't legally work as a 1099 if the vehicle you're driving belongs to anyone other than yourself. You're opening up yourself for too much liability legally. Your boss could still yeah our coverage will cover you, but at the end of the day he could always just Throw all liability on you because if you're a 1099 you don't work for him in the eyes of the law or IRS.
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If he gives you work, tells you how to do it in any way and you can't refuse without being fired, you are an employee. AND to back this up, if he says you get X hours vacation time, you are an employee - 1099 is a contractor and has no vacation time, they are legally free to refuse work.
The IRS is concern with the taxes, they could really care less about the labor aspect of the relationship, the state department of labor, usually the wages and hours part is concern with a persons classification.
As for the liability, it is on the owner, nothing on the contractor. If you get into an accident, then you have the same liability as if you were driving as an employee. Further more he can't tap you for any of the insurance costs for any reason. AND yes they are by LAW to cover the vehicle in all the states with insurance, they can not let it lapse. -
Misclassifying is done on purpose to throw all the liability on the worker and not the "employer". I recommend against it.
Prime just lost and I believe so did swift. Lease operators are employees.
If you use someone else's truck you're an employee because you can't "take your ball and play else where" is the quote I recall reading.Last edited: Mar 25, 2019
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