Civil Lawsuit protection / Is there insurance a driver can get while driving as company driver.

Discussion in 'Questions From New Drivers' started by PWAROAD, Apr 24, 2020.

  1. PWAROAD

    PWAROAD Bobtail Member

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    Many years ago while I was driving for a garbage company. My boss had a safety meeting to inform the drivers.... If a driver is involved in an accident and even though drivers are covered under company insurance, to keep in mind the driver can be sued civil by the person involved in accident etc...

    Question is: When I go to drive O.T.R as a (company driver), is there insurance or should I say legal team insurance I should consider to have to help protect myself. No matter how safe a driver is or how experienced a driver is. There is always that one situation that can ruin a day.

    Any answers would be great to know.
     
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  3. Moose1958

    Moose1958 Road Train Member

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    I am sure you can purchase a policy. I think this question would have been better asked in the Owner-Operator forum, however. Much more likely an OO will know more about this type of insurance.
     
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  4. LoneRanger

    LoneRanger Road Train Member

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    Unless a law is passed no amount of insurance can save a person from being sued.

    think about it, a policy is to prevent you from being sued yet you are still sued in civil court.

    that’s how I look at it.

    best thing I would suggest is talk to an attorney about a living trust, this way if they come after you they can’t take anything.
     
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  5. Wasted Thyme

    Wasted Thyme Road Train Member

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    This makes no sense. The liability coverage of the companies "auto" policy, protects the driver and the company from liability. That is what it is actually meant to do. I've not run into a lawyer going after the loan driver of a company vehicle. First they don't have any money, second the umbrella policies that companies have usually start at $1 million. (I've my insurance license, just not commercial. but it touches on liability laws and such.)
     
  6. LoneRanger

    LoneRanger Road Train Member

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    On paper that’s what it should do yet we see lawsuits that name people not involved. Like a few months ago we saw one that went after the leasing company of a trailer belonging to a company that contracted another carrier.

    both carriers are done for yet the company that leased the trailer had no fault in the accident but they got sued.
     
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  7. Wasted Thyme

    Wasted Thyme Road Train Member

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    cases like those should be thrown out as frivolous. That's the same as going after Bob's Dodge dealership for a crash in a RAM pickup
     
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  8. PWAROAD

    PWAROAD Bobtail Member

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    Great Point you made.... I need to say more,,, If the company feels an accident was caused by a poor pretrip inspection or equipment failure. It could open the door to civil on the driver.
     
  9. LoneRanger

    LoneRanger Road Train Member

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    Just like having a choice which allows for good and evil to exist freedom is the same.

    having the freedoms in our country allows for the idiocy to exist no other way around it.
     
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  10. Wasted Thyme

    Wasted Thyme Road Train Member

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    Oh I agree, they should have the right to initiate the suit, but the judge should have the common sense to toss the case. lol
     
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  11. x1Heavy

    x1Heavy Road Train Member

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    Ive been sued twice involving trucking in the past. In one case the insurance took care of the wrecked car and a new one was bought her choice. And thats the end of it. The other was thrown or rather LAUGHED out of deposition prior to trial when the plaintiff was crucified on several really important facts and hung himself on a high flagpole by them. There was no point in proceeding further. Regarding civil suits in collections etc that gets taken care of as well. But usually they know the laws are against them for particular reasons and let it go.

    I got injured at a large facility and when the billing was finished I find myself in possession of enough dollars to erase all that, plus a little extra. As far as I am concerned they did good. We are square.

    I carry my own liability. It is not bulletproof or a armor so to speak. If there is a problem or loss, they can sue in court and we will go from there as before. Find out where the facts are and they decide.

    Long ago we had a really bad employer. He was caught by the state with child labor laws and faced a suit from them. It destroyed the business, freed the underage workers, wrecked the rest of his world. As part of a judgement I am owed wages. However he claimed BK and thats the end of that. Excepting his three million dollar mansion.

    Hopefully they would have buried him there by now. Much good it did anyone or the state. No one saw a penny.

    The most dangerous debt is medical. There are no protections for these. Unlike credit, cars etc they can take your home, lands etc. And the second most dangerous would be student loans. If you do not pay these, it is not stopped. It continues on. If you were to die that loan is paid first when estate is settle. Your children likely as not get nothing.

    In some states like ours. Let's say there is a judgement entered against you. The law can be issued a property seizure and show up at your home and take everything leaving you with one computer, One Television, one bed, one vehicle and one large recliner if you own one. The rest is gone down to bare walls and sold to satisfy the creditor. That includes the boat, trailer, second vehicle and so on.
     
    Last edited: Apr 24, 2020
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