hi Guys,
I'm small company with 3 trucks, I want to hire an OTR driver who wants to take his wife with him about 60% of the time on the trips. She doesn't have CDL but he just wants her along. I don't mind but I asked my insurance they said she might not be covered if anything happens.
I'm thinking if I can have him sign some kind of policy stating that The company is not responsible for the rider in accident or any other claims from the rider(passenger). Will that work or no ? If someone can provide me some type of sample policy that i can have him sign would be appreciated or any other guidance.
Sample Passenger Policy Need some Adice
Discussion in 'Ask An Owner Operator' started by shawn_ca, Oct 17, 2012.
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I would talk with the insurance company again. They can add a rider policy for a few dollars? more month and then you make him pay it.
or
(company name)
(company address)
(company name) is insured for the driver, freight and vehicle only. If a driver chooses to allow a passenger, the passenger is not covered under the carrier's insurance policy. The driver or passenger will not hold the company liable for any accident or injury to the passenger and waive all rights to litigation.
By signing this form both driver and passenger understand and agree with the terms of agreement.
Driver ______________________________ Date _________________
Passenger _________________________________ Date ___________________
mamamullins, volvodriver01, whoopNride and 3 others Thank this. -
If you are not covered under your insurance policy then if something happens and they sue (expect it, don't think it won't happen because they are nice people) then you are on the hook for defending yourself. Your insurance will not cover you. Even if you have a document it will not stop them from taking you to court. And you will be paying a lawyer to try and get it thrown out of court. And if they can make that happen you are still responsible for legal fees even if the court grants you legal fees (hard to make happen if you are the company) you still have to collect.
I understand the desire to grow and not wanting to turn down someone that seems like a good fit for something that should be fairly minor. But discipline will pay off in the long run. And not hiring this driver if passengers are not covered under your insurance is the disciplined thing to do.
Also ask about what the increased cost of having a rider. Most insurance companies add about 5% to premiums.CondoCruiser Thanks this. -
You might want to get the extra insurance and charge them or split it with them. Anything they sign wont hold much water in court. Your company will still be liable for any accident or injury caused by your company
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Your insurance company should be able to do a rider for authorized only passengers, and like the others said it shouldn't be a whole lot a month. Better safe for your sake, esp in the land of sue me because if something happened and a major wreck occurred with physical injuries, guess who is going to pay for it most likely.
My husband worked for US X a few years ago and I rode with him, helped do the mapping, keeping track of notes on load, etc. Cooked meals in the truck so we didn't waste time eating out all the time (too expensive anyway). I wouldn't do anything that the company may have thought I had not rights to do. You might have a happy camper that way also if she goes. -
And be sure to provide the driver with an authorization letter for her presence. Put it on your letter head and sign it. It's a must in a commercial vehicle if they are stopped.
NavigatorWife Thanks this. -
I know when I went out with my husband the company made me sign a waiver along with getting a copy of my drivers license to go with the waiver. He had to pay $25 for the week that I went out on the road with him.
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Thanks alot CondoCruiser really appreciate it. I'll ask my insurance if they can have it for few dollars but i'll ask hiim to sign this form.
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yes i do agree with you as well, even after signing the form they can still sue the company. My insurance is checking on rider policy if not then i don't want to take any risk. Also i think it's always good to have driver sign this form because there can be a driver who won't tell the company if he takes someone with him on the trip so just to be safe I think the form should be some kind of protection if not all. I don't mind the cost if it's 5% i hope it's not too much , also i heard OOIDA sells rider policy but i'm not sure if one has to have insurance with them, i'll check on it , that might be a problem having insurance at one place and rider policy at one place. Anyhow thanks for the advice
NavigatorWife Thanks this. -
I didn't know about this, everyday we learn new things which is great
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