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

Bankruptcy can discharge some lawsuits. There is a simple list of the things it will NOT discharge. Lawsuits arising out of school loans, child support, any money owed to the government, and some driving offenses if you the driver have suits filed against you. I know a guy that had a lawsuit discharged in 2017 that was based on reckless driving.

I am not an attorney, but I have been exposed to 11USC and have a basic understanding of it. In section 523 where they list exceptions to discharge, the only one I see in section 523 (a) (9) is,

(9)
for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance;


I HIGHLY advise anyone in this situation to consult an Attorney!

I NEED to also point out the laws have changed a lot over the last 20 years. One point that needs to be understood. Even if a discharge is allowed by 11USC it is not automatic. A creditor can go to the court and if they can show proof you can pay the debt/judgment the Judge can force you to pay it and won't discharge it.

 

I actually knew a lady that bought a nissan pathfinder from a dealership and sued them and won.

Her 16yr daughter was driving it, mom was in front of her driving an uhaul. Uhaul had a blowout. Daughter was following to close. Over corrected and flip the pathfinder.

They sued uhaul, the car dealership (even though they had bought the car 9 months earlier) and Nissan.

They won. The dealership and Nissan settled (cheaper for them than trying to defend it) She got the money from them and had to agree that they would never buy a car from the dealership again. They also can not own a Nissan product either.

Uhaul went to court, they lost and had to pay a couple of million dollars. They also can no longer rent a uhaul too.

This is what is wrong with the lawsuits in the US. Greedy attorneys sue anyone and juries award outrageous amount of money.

I do believe Uhaul was partially at fault for the worn tire, but the lady should have checked all the tires.

She was a close friend so I had first hand information about this situation.

 

There are thousands if not hundreds of thousands of lawsuits filed in all the courts every year that are considered frivolous. Most don't get past that first hearing. Good Judges will look at the case and determine if the case merits further action. I was in a local courtroom back last year and watched a Judge kick two such cases. Jussie Smollett had this happen to him just recently. The case was dismissed without prejudice so he can refile if he is found not guilty on these last charges. In a lot of these dismissed cases, they are dismissed WITH prejudice and that means it almost takes an act Of God to reopen them.

 

That’s why, the real question isn’t if it can happen. The real question is what happens in reality. How many Drivrs actually get sued in civil court. The difference is the criteria needed for a guilty conviction, beyond a shadow of a doubt in Criminal court vs a conviction based on surmountable evidence in civil cases, Something along those lines, anyway. In Michigan,the Law was changed, back in 1980s, sold as a way of clearing court dockets, making all traffic violations civil infractions. Basically making it all but impossible to beat a ticket in court. The Officers testimony, becomes the evidence. Guilty.. Except for Dwi, Manslauter, and a few others, they’re still considered felonies.

 

Here is the reality of how this works.

Trucking company 123 buys insurance through insurance company abc. When there is an accident and 123 gets sued, abc steps in with their own legal team. The driver, company or O/O is released from all liability by abc takes full responsibility. They do this because they feel more comfortable with their own legal team.
When123 doesn’t have insurance is when this becomes an issue

 

Go read a court case. Just about any dealing with cases like this the driver, amongst others is personally responsible fkr whatever the court hands out.

 

The only thing that will protect you or condem you is a forward facing camera.

 

I don’t have to. I was part of a court case.

 

As I said in post #21, I know a driver that was part of a lawsuit and DO NOT get removed from the case. He finally had to file chapter 7 Bankruptcy after the plaintiff's attorney started coming after him once they got the award, and it caused him some serious problems. He was cited for reckless driving. He made the mistake of letting the company handle it all. No motions were made to remove the driver. NOTHING whatsoever is automatic when it comes to these kinds of lawsuits. If you are made part of a case you had better hire an attorney at least through that first hearing as to get you taken off the case. Again let me repeat this for special emphasis! NOTHING IS AUTOMATIC in a lawsuit.