LLC Business insurance requirements?

Discussion in 'Ask An Owner Operator' started by OzzyOKC, Dec 30, 2013.

  1. OzzyOKC

    OzzyOKC Light Load Member

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    Alright, so I've learned some stuff today. When I form my LLC I'll need(In addition to truck insurance) General Liability, Primary Liability, and Cargo Insurance. Could you tell me the levels of insurance I need for each? My best guess is 1mil, 1mil, and 100k?

    Thanks for the info, keep'em rollin
     
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  3. BigBadBill

    BigBadBill Bullishly Optimistic

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    For the most part that is correct.

    Sorry for having not read any other post but are you looking at having company drivers or more than just you? Most independents don't need an LLC unless their is something different happening.
     
    Roadmedic Thanks this.
  4. OzzyOKC

    OzzyOKC Light Load Member

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    Just exploring everything, not likely to be more than just myself
     
  5. Lilbit

    Lilbit Road Train Member

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    An LLC is a good idea for any business, as with a sole proprietorship you have a business in your mind only. That is verbatim from a CPA I talked to years ago. An LLC provides the best set up, since you can choose any of the 4 tax entities . . . sole proprietorship, partnership, S-corp and full corp. My hubby and I have ours set up with both of us as managing members of the LLC and taxed as a partnership. The FMCSA has the information on the minimums you need for the insurance they track and your agent should know what you need on the others.
     
    Lady K Thanks this.
  6. kw600

    kw600 Road Train Member

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    Is business insurance mandatory? I thought insurance was mandatory to get your authority?
     
  7. Ridgeline

    Ridgeline Road Train Member

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    I would avoid an LLC because the entire purpose of one is to limit your liability which in this business you really can't.

    Sole Proprietorship is the same as an LLC when you use it for tax purposes, having a spouse being a business partner has little tax savings unless you are filing separately.

    A good accountant, not a tax prepayer, will guide you towards a useful entity that you can better use.
     
  8. Ed MacLane

    Ed MacLane Light Load Member

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    That advice might be alright if you're leased on to a motor carrier, but if you are going to be a motor carrier that is absolutely wrong and very bad advice. Based on the insurance question I think the OP is going to apply for motor carrier operating authority. Operating as a motor carrier as a sole proprietor is needlessly taking on a significant amount of risk to personal assets. While a leased owner operator is primarily limited to the risks involved with a vehicle crash a motor carrier faces other risks/liabilities such as cargo claims and contract terms. Insurance doesn't always cover cargo claims or other incidents, but the carrier may still be liable for them, in which case the carrier must pay from its own funds. It wouldn't be hard, or unheard of, to have a cargo claim of a significant sum of money which is not covered by cargo insurance.

    For an introduction to motor carrier legal issues, I recommend a book that should be read, studied and thoroughly understood by anyone getting or having operating authority titled Protecting Motor Carrier Interests in Contracts available at http://seatonandhusk.blogspot.com/p/book-order.html
     
  9. Roadmedic

    Roadmedic Road Train Member

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    While you are reading, research piercing the corporate veil.
     
  10. Ed MacLane

    Ed MacLane Light Load Member

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    And if you conduct your business right why would the corporate veil be pierced?
     
  11. Roadmedic

    Roadmedic Road Train Member

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    Just read it.

    In a perfect world you would not. Have an incident.
     
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