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.
How to protect your personal assets in case of at fault accident?
Discussion in 'Ask An Owner Operator' started by TallJoe, Feb 22, 2018.
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C and S corps provide some protection but the vail can be pierced with a good litigation lawyer, aka ambulance chaser.Cat sdp Thanks this. -
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.
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A very large umbrella policy is the best way to go Imo
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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.Cat sdp Thanks this. -
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
Ruthless Thanks this. -
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
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