How to protect your personal assets in case of at fault accident?

Discussion in 'Ask An Owner Operator' started by TallJoe, Feb 22, 2018.

  1. TallJoe

    TallJoe Road Train Member

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    Neither LLC nor S corp will do it, if you are the very person liable. The retirement funds are off limits. However, the homestead is not always fully exempt. There are trusts. But can we trust them?
    Anyone knows how to protect your net worth so it is not lost due to at fault accident, if it happens?

    Finally, is the auto liability and general business liability limits - 1 million typically enough? If not, is there a business umbrella or is a personal umbrella applicable, if they want to go after your personal assets, after an accident involving your truck?

    Even if you are not the driver who screwed up...I could imagine a situation, that they still would want to go after you, the business owner, if they can easily prove that the driver hired, was not supposed to be hired in the first place and you were the one overseeing the hiring process.
     
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  3. Express12$

    Express12$ Medium Load Member

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    an LLC or S corporation. If properly organized and operated, will protect personal assets from the claims of business creditors and will protect business assets from direct claims of your personal creditors. However, personal creditors may seek to enforce their judgments against your membership interests or shares of stock in the LLC or corporation that runs the business, and thereby indirectly attack the business assets. If the business is run by an LLC that has two or more members, a personal creditor's enforcement rights likely will be limited to a charging order against your share of LLC distributions, if and when paid. You should consult with an experienced Business Attorney to discuss these issues and select the best structure for your business...
     
  4. Ridgeline

    Ridgeline Road Train Member

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    No, an llc does not protect assets no matter if it is well organized or not.

    C and S corps provide some protection but the vail can be pierced with a good litigation lawyer, aka ambulance chaser.
     
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  5. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    If you are in an accident and are the one driving the truck, It possible that you could be liable. They could name your llc and you personally, as the driver, in their attempt to collect.
     
  6. bigdad7

    bigdad7 Road Train Member

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    A very large umbrella policy is the best way to go Imo
     
  7. diesel drinker

    diesel drinker Road Train Member

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    No it's not possible. It's certain they will. Regardless whether you are 1099 or W2 driver they will sue both the driver and the company.
     
  8. TallJoe

    TallJoe Road Train Member

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    Forget about Corporations and LLcs and single owner operators operating their vehicles themselves! If you own a fleet and if not you personally but your drivers, hired by your business, caused the harm then yes. Best if you are not directly involved in hiring process either (my own speculation).
    The driver is always liable. That also goes for the richest in their Mercedes-es. They also text and drive and have accidents too. They sure must have umbrella up to 4 million or so, which usually settles everything, even when fatalities are involved.
    Maybe it is good that ELDs are in place, I doubt there was even one 1% of honest paper logs written ever by anyone. The lawyers were always thriving on accidents and false log books combination. If you have a large equity on your house or it is paid for, you had better take some interests in the subject. Though, I yet to hear stories of people losing everything because they were sued.
    I spoke with a State Farm Insurance agent once and she said,that the laws consider the cases very individually, depending on what sort of damage or harm is done or what is owned by the perpetrator. I need to ask her yet, if the personal umbrella is protecting me in case of my auto or business liability is not enough, that is when they want more than 1 million. And 1 million, even though most CMV involved cases settle below that, can be easily exceeded, if they smell blood. An acquaintance of mine was one involved in at fault accident with his personal vehicle and ambulance chasers right away knew he owned a house with a large equity - 1 million they wanted from him. I never found out how it all ended, never dared to ask but ever since it sticks on my mind. Sure enough, we - the steering wheel holders - are very exposed to such risks and a house is the biggest asset most of us will ever own, so the subject should be better researched and explored.
     
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  9. Cat sdp

    Cat sdp . .

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    If you are the driver and owner there is no protection ... if it’s your fault . you’ll get sued as the driver separately from the Corp .
     
    Last edited: Feb 22, 2018
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  10. x1Heavy

    x1Heavy Road Train Member

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    I carried insurance that covered 500K 1M or 2M of Civil Liability at one time or another as a Concealed Carry. I think it was about 10 some dollars a month. There is no point in stopping a bad guy invading your home and scourging your wife when you blast em and the courts take it all from you two after the tearful family sues you in civil.

    Warning, Dindus have to travel. Don't come into my place.

    Ive been sued twice in trucking. Once for a new replacement car, preferably late model Lincoln MkiV or equivalent (Those were more expensive than Rolls in the 60's) Insurance settled out of court.

    The other time was in the Butter plant in Baltimore. Worker was late, he blew the gaurds telling him to STOP and WAIT, because I was docking my big truck into their facility. Eventually he hid under my second drives on the right below the reefer unit and allowed my rig to gently hit him on the drivers door at the shoulder. It's fortunate the hollaring started before I added power to try and over come what I thought was just the trailer rubbing on my drive with that slope.

    That suit got laughed clean out of deposition when it was discovered he visited multiple doctors in two days total and got scripts for the good pain medicine all over the city. This was long before there was a Net, long before war on drugs, long before any pharmacy knew each other's medicine history (Monitoring from patient trying to refill) and so on. He essentially wanted me to buy him a 70K house.

    Most suits want a mountain of money to be determined. This one was little bit too specific. That got laughed out as well. Never made it to trial. And yes he was unemployed after the company fired him for being late again. This time. (After hitting my ginormous 18 wheeler in a prohibited area against company policy and against gaurdshack commands to wait (Which would make him wait even longer before clocking in.)

    People, when things go bad in life sometimes. It's a train wreck. It will constantly derail and make a mess long after it started to come off.
     
    Last edited: Feb 22, 2018
  11. mudflap77

    mudflap77 Heavy Load Member

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    My suggestion is to talk to your lawyer and insurance provider about personal liability insurance. Not that there isn't good advice from smart people on this forum but it is mixed in with terrible advice that someone over herd from a lunch counter lawyer.
     
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