Civil Lawsuit protection / Is there insurance a driver can get while driving as company driver.

Discussion in 'Questions From New Drivers' started by PWAROAD, Apr 24, 2020.

  1. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    Most of the suits against trucking companies claim driver error so of course they are going to name the driver in the suit. As well as the trucking company and possibly the shipper and/or the truck/trailer manufacturer. Scumbag lawyers go after everyone they can. Fortunately the driver is the one without the deep pockets so most of the time he won't get hit.
     
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  3. Cat sdp

    Cat sdp . .

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    About all you can do as a company driver is try to buy a commercial liability umbrella...... but I’m not sure you can with someone else ( your employer) maintaining the primary liability and general liability.....
     
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  4. ZVar

    ZVar Road Train Member

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    Remember that Warner lawsuit in Texas a year or two ago where Werner lost 80 million? The driver also was personally responsible for $3 million also, even though that rarely got reported. And that was a wreck the the driver was 100% not at fault...
     
    Last edited: Apr 25, 2020
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  5. Espressolane

    Espressolane Road Train Member

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    I have looked for this type of insurance. The bottom line answer here is; NO.
    No insurance companies write a policy like that.
    Well maybe Lloyd’s.
     
  6. MericanMade

    MericanMade Heavy Load Member

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    Well, I’m judgement-proof, except for an old cargo trailer, some old tools, and a old pickup that I own outright. Probably not worth the lawyer fees to go after them. I own my house, but it’s homesteaded, so only the IRS can take it. Worse that can happen is my really good credit score goes down to the 600s, so beat me with a wet noodle.
     
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  7. Chubby Fly

    Chubby Fly Medium Load Member

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    Dam if that worried, you shouldn’t be driving.
    This past summer some old bag ran into side of my truck. I was declared not at fault. 7 months later she trying to sue for medical . Also try to sue me. I haven’t had to deal with it at all. My insurance lawyers handle it. They didn’t pay a dime or neither did I. People try to so everything but like my agent said, don’t worry about it. You pay for all that money in insurance to have ther lawyers handle it
     
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  8. G13Tomcat

    G13Tomcat Road Train Member

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    Yep, kinda like Kevin Roper. That was a rocky ride...for sure.

    Wal-Mart Truck Driver Who Crashed Into Tracy Morgan’s Vehicle Indicted
     
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  9. Rideandrepair

    Rideandrepair Road Train Member

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    It’s a valid question. Usually when it comes to Traffic accidents, Insurance is the easy target. Trucking standard is 1 mil. Public Liability coverage. If someone is killed, you can bet they’re family will get 1 mil. If you’re liable, you’ll be in jail anyways, Any judgement will be dismissed in Bankruptcy court. No lawyers going to take a case like that for free. Good question, as anything’s possible. My Daughter works in the Medical field, and has a liability policy, it’s not very expensive. But I was surprised to find out, it’s a very common, and recommended thing too have.
     
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  10. Ridgeline

    Ridgeline Road Train Member

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    Nope, lawsuit judgements like these are on the nondischargeable debts list and even if they are not, the judges will not allow them to be dismissed, especially if they are tied to a criminal case.

    And there are a lot of lawyers who take this on contingent basis so it is for free when you come down to it.
     
  11. Brandt

    Brandt Road Train Member

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    Running a legal log book will help protect you I think and truck. The big debate in trucking is loading and unloading time On-Duty working time. It seem pretty clear to me it is. You can go into sleeper berth and stop your clocks. Logging OFF-Duty is wrong in my opinion because your not free to leave the shipper or receiver. Lots of drivers log Off- Duty to save time. If you get in bad accident they will can say, if logged correctly you would have been out of hours. So you would have been parked. Since you went over HOS the accident is now your fault. Now you can be sued. All because you tried to same time on log book hours or logged Off- Duty vs Sleeper Berth.
     
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