Simple question about setting up LLC while employed as a company driver

Discussion in 'Ask An Owner Operator' started by TruckRunner, Oct 3, 2018.

  1. TruckRunner

    TruckRunner Heavy Load Member

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    I am calling a company now to ask about this.
     
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  3. TruckRunner

    TruckRunner Heavy Load Member

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    Ok just spoke to a fancy lawyer and I even provided different examples about being a trucker who is the driver at fault and sued and he said with confidence the LLC law protects your personal assets and they cannot sue you for your personal assets.
     
  4. Derailed

    Derailed Road Train Member

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    I'd take that with a grain of salt. As far as filing taxes if you have no payroll than there is nothing to file for the quarter.
     
  5. TankerYankr

    TankerYankr Medium Load Member

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    As when making this kind of decision about any important matter, legal, medical, etc, get a second opinion.
     
  6. roadslave201

    roadslave201 Bobtail Member

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    I spoke with several attorneys and they all said I would be sued as the driver And the LLC would be sued. One Attorney even said there are some states that don’t recognize LLC at all so I for sure will be sued in those states. One attorney said the LLC gives the “perceived” impression you are protected so why not get it? But they still all recommended LLC and then vigourasly defending yourself in court. I went LLC nothing really extra to do to get the LLC
     
  7. OldeSkool

    OldeSkool Road Train Member

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    I own my own truck and was told by my insurance company that an LLC would do me no good since I was the only driver. Like has been said they can sue your company and you as the driver. The only way an LLC does any good is if you have a driver working for you that has an accident. In that case they can sue your company and the driver, but your personal assets should be safe.
     
  8. Ridgeline

    Ridgeline Road Train Member

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    Bull.
    I have sued llc and their owners and going after another one really soon, I had no issues in going after their personal assets for damages. The last one was when I was rear ended by a texting trucker.

    See what you need to get is that the llc can't apply to an owner and an operator being the same person or having influence within the llc to make decisions and policies. It was and still is intended to be a cover for liabilities like in say a retail or manufacturing situation or a limited partnership in real estate, but not trucking.

    When the owner is making decisions, like say the falsifying of logs, their assets are at risk.

    There are other forms of llc like professional llc where the liabilities are limited, lawyers form them to protect assets.
     
  9. TruckRunner

    TruckRunner Heavy Load Member

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    OK I may just get an umbrella policy then
     
  10. TruckRunner

    TruckRunner Heavy Load Member

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    Did you win their personal assets? You guys are making these claims but I'm not seeing any lawyers say this is true.
     
    Last edited: Oct 3, 2018
  11. GreenPete359

    GreenPete359 Road Train Member

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    Believe half of what you see and none of what you hear. Not saying it’s the case here, but some people talk just to hear themselves. You’ve already spoken to a Lawyer....I would take the word of the educated man i’m paying vs. some screen name on the interwebs.
     
    pullem and TruckRunner Thank this.
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