Can I lease out my driver?

Discussion in 'Ask An Owner Operator' started by Trying to make it work, Mar 17, 2023 at 4:59 PM.

  1. Trying to make it work

    Trying to make it work Bobtail Member

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    So I started a llc back in January. The plan was to lease-to-own a truck from a local small company (he has 20ish trucks leased under his authority & half of those he bought or helped finance their trucks & they paid him payments until paid in full). I was set to do the same & hired a driver (immediate family member). My driver was driving his truck for a few weeks to build up a little extra revenue for money down on a truck. I pay my driver with a W2 & all was going well... until the company owner was no longer able to fulfill his part of the agreement (due to lack of truck placement options). So getting a truck for me would do no good if he didn't have work for my guy/truck.
    So one of the trucks under him needed a driver & we put my driver in his truck for now. This truck owner wants us to sign a contract & requires business liability insurance from me for $50,000... that I understand.
    I know he gets his liability insurance from the company with the authority since I was anticipating the same. The way it is worded makes me think it is requiring insurance to cover the semi.
    Since my driver is not his employee he is paying my company via 1099 & I pay my driver W2. Is this a normal thing for a truck owner to require this? I have only ever dealt with being a sole proprietor as an O/O & then I paid my own semi insurance.

    Contract wording:
    "Expenses: Truck Owner shall be responsible for all insurance, permits, and licenses required to operate the Truck. MY TRUCKING COMPANY NAME LLC will be compensated for maintenance downtime, limited to the amount of maintenance performed.

    Liability and Insurance: Driver shall be liable for any damage or loss caused to the Truck while in their possession unless such damage or loss was caused by the negligence or intentional misconduct of Truck Owner or its agents. Driver shall carry liability insurance covering their use of the Truck, with minimum coverage of $50,000 per accident."

    Anyone offer and advise?
    Thanks!
     
    Last edited: Mar 17, 2023 at 5:04 PM
    Reason for edit: Clarify insurance
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  3. RockinChair

    RockinChair Road Train Member

    I'm not a lawyer but it sounds like the driver (not you) has to carry the insurance.
     
  4. Trying to make it work

    Trying to make it work Bobtail Member

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    In this case my company is "the driver" since he is my employee. So is it normal for this situation? I understand the general company liability but is this something different?
     
  5. Ridgeline

    Ridgeline Road Train Member

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    Read this very very carfully ....


    GET A LAWYER INVOLVED
    DO NOT LISTEN TO ANYONE BUT A LAWYER YOU PAY TO GO OVER EVERYTHING; CONTRACTS, STRUCTURE, PAY SYSTEM, EVERYTHING! ​


    DO NOT MESS AROUND WITH THINKING THAT THE DEAL BETWEEN YOU AND THIS OWNER WILL BE GOOD ENOUGH

    AND MOST IMPORTANT TO CONSIDER GETTING A CORP SETUP TO PROTECT YOU AND YOUR DRIVER
     
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  6. Siinman

    Siinman Road Train Member

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    This right here X100. Do not mess around with this without taking it to a lawyer. This is a major lawsuit waiting to happen!
     
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  7. Jubal Early Times

    Jubal Early Times Road Train Member

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    So “your driver” is driving a company truck for another guy? That guy is paying you and you are paying “your” driver?
    Why on God’s green earth is this “driver” working for either one of you? Sounds like he’s getting the shaft.
     
    abyliks, Siinman, Wyonot and 3 others Thank this.
  8. Trying to make it work

    Trying to make it work Bobtail Member

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    Normally it would probably be the shaft for the driver. "My driver" is a my husband. He is getting the full pay it is just split via W2 & my sole owned business. So we are both paying the taxes on the split portions. It is needed to keep his income under a certain level for other reasons. It is just going through my company for a W2 payroll vs 1099. Otherwise I would totally agree :)
     
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