Question: Company Driver Personal Legal Protection in case of on the job collision

Discussion in 'Trucker Legal Advice' started by NonEstFactum, May 19, 2014.

  1. NonEstFactum

    NonEstFactum Bobtail Member

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    May 19, 2014
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    Hello,

    I am new to the industry and want to know as a company driver would my company's insurance personally indemnify me in the case I am named separately in a collision related lawsuit. Will their insurance company provide me with a lawyer? And will I be personally indemnified against any damages? I have asked two major starter companies, and can not get an answer.

    I ask because I have been reading newspaper articles and legal cases where the truck driver is personally named separately in the lawsuit along with the company.

    According to one truck lawyers website, in cases when named separately, the only defense the truck driver has is that he or she is "judgment proof" - has very little money and can file for bankruptcy in the case of a monetary judgment.

    I don't have much in the way of assets, but it's enough for me not to want to file bankruptcy in the case of a collision judgment. I'd want to know that the company's insurance protects me as well as it does the company itself.

    Has anyone out here been in a major accident as a company driver? Did your company defend you in civil or criminal proceedings?
     
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  3. Big Don

    Big Don "Old Fart"

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    I wouldn't depend on your company to bail you out. And believe me, there is no such thing as "judgement proof." Sure they will go after the "deep pockets" where they can. But they also name anybody and everybody they can think of in a law suit. So you don't own a mansion? Maybe you live in a 1955 travel trailer and pull it with a 1973 Buick. They'll do their best to take that from you. Seriously.

    Now I don't believe in these prepaid legal scams where you pay them a set amount every (whatever) quarter, year, month, week, day, minute etc. But what you do need to have is an idea of who you might want as an attorney to represent you in a tort action.

    The sad fact is, that your company will do everything in their power to cut their own losses, and they could care less about their employes. And then you have the other end of it as well. Most of the time, if you have a serious at fault accident, you will lose your job. Insurance companies demand it.

    The whole thing is run by the dirt bag insurance outfits and scam attorneys.

    I'm not being bitter here, just apprising you of some of the facts of life.
     
    NonEstFactum Thanks this.
  4. NonEstFactum

    NonEstFactum Bobtail Member

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    Thanks for the reply Big Don.

    I called two insurances companies this morning, one that specializes in truck insurance and the other just a regular general broker, to find out if I could get an umbrella policy for on the job liability, but was told it wouldn't be possible because I'd first need an underlying commercial policy that insured the actual truck.

    I've been stewing about this because I've been sued before and it's scary - wouldn't wish it on anyone, but right now I'm leaning toward going trucking anyway, as I'm pretty much out of other job options. Was just trying to do it safe, but the system is what it is, and no one is going to change it.
     
  5. xbachix

    xbachix Bobtail Member

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    Jul 26, 2014
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    I'm also curious about this one. Some of these prepaid legal companies sound legit but how good are they really? are there any worth having because i like to keep myself covered. it's easier to pay $20-40 a month than it is to pay $500-$5000 once every 10 years. My company suggested U.S.Legal services but it's such a generic name that it's nearly impossible to find reviews on. Anyone know of any companies that actually live up to what they claim?
     
  6. JONANT09

    JONANT09 Bobtail Member

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    I have a judgment case and my question is are their any companies that will accept someone like me on a contract to repay them as a driver for them with a monthly payment???
     
  7. driverdriver

    driverdriver Road Train Member

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    Can't you put everything property,bank accounts ect. in a living trust.
    Its my understanding only the tax man can touch a living trust. I could be way off here but I swear I read it in a legal article.

    And no I'm not a lawyer i didn't even sleep in a holiday inn last night.
     
  8. driverdriver

    driverdriver Road Train Member

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    I hate it when I forget to look at the date of a thread before I post
     
  9. JC1971

    JC1971 Road Train Member

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    Actually, it's a good question that I and probably a lot of other people would like to know the answer to, so it's worth reviving. One accident could ruin you financially if a severe injury or death occurs. The job isn't really worth it if you can lose everything with one stroke of bad luck.
     
  10. Big Don

    Big Don "Old Fart"

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    I wouldn't worry about reviving an old thread, as long as it's a worth while subject. Now if it nothing more than a crying session about how mean the big bad company was to poor little billy big rigger, then it likely isn't worth reviving...
     
    driverdriver Thanks this.
  11. driverdriver

    driverdriver Road Train Member

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    Lmao
     
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