# Too risky driving? Sued for everything



## Okphillip (Feb 6, 2017)

Advice please. I'm wondering if driving for Uber in SF is simply too risky based on my circumstances and retirement savings.

I have a retirement account of about $600,000. Is it foolish to risk all of that in event of an accident? I have a full-time day job as well so Uber is just a supplemental. I don't really need the extra money to be quite honest.

Anyway, have you heard any stories of drivers being sued for big $$$?


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## MoreTips (Feb 13, 2017)

Damn good question. In a worse case scenario it wouldn't surprise me if there's a chance it could.


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## Okphillip (Feb 6, 2017)

The lack of response tells me that people are in denial about this reality. Driving around SF is VERY RISKY!!! Not only do you have to worry about yourself and passenger but also all the bikers and pedestrians.


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## Mole (Mar 9, 2017)

As I'm retired my insurance sold me the correct insurance with a $1,000,000 umbrella so unless I commit a crime I'm covered. Good insurance should not cost to much if your credit is clean and so is your driving record.


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## Tw0pumpchump (Jul 26, 2017)

Okphillip said:


> Advice please. I'm wondering if driving for Uber in SF is simply too risky based on my circumstances and retirement savings.
> 
> I have a retirement account of about $600,000. Is it foolish to risk all of that in event of an accident? I have a full-time day job as well so Uber is just a supplemental. I don't really need the extra money to be quite honest.
> 
> Anyway, have you heard any stories of drivers being sued for big $$$?


If you "don't actually need the extra money" why in the he'll drive for Uber?! Good god... value your time much?


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## Uberfunitis (Oct 21, 2016)

Okphillip said:


> The lack of response tells me that people are in denial about this reality. Driving around SF is VERY RISKY!!! Not only do you have to worry about yourself and passenger but also all the bikers and pedestrians.


The lack of response tells me that nobody has ever read about it actually happening.


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## KellyC (May 8, 2017)

Okphillip said:


> Advice please. I'm wondering if driving for Uber in SF is simply too risky based on my circumstances and retirement savings.
> 
> I have a retirement account of about $600,000. Is it foolish to risk all of that in event of an accident? I have a full-time day job as well so Uber is just a supplemental. I don't really need the extra money to be quite honest.
> 
> Anyway, have you heard any stories of drivers being sued for big $$$?


If you don't need the money don't do it.


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## ShinyAndChrome (Aug 18, 2017)

Mole said:


> As I'm retired my insurance sold me the correct insurance with a $1,000,000 umbrella so unless I commit a crime I'm covered. Good insurance should not cost to much if your credit is clean and so is your driving record.


What does this mean exactly? Phase 1 insurance with uber/lyft is pitiful. Will your personal umbrella cover you above and beyond that in a car accident?

I had a bit of an epiphany today myself. I am no longer going to do rideshare phase 1 while moving (parking lot is fine). Like the OP I have assets and cannot accept them being destroyed because I only have $75k liability insurance phase 1 and wanted to make uber money. Also I don't yet know if my state has any rideshare gap insurance on personal policies.

As for the OP'a retirement it is likely protected anyway. Even in personal bankruptcy your retirement generally cannot be touched in many (most?) states.


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## Older Chauffeur (Oct 16, 2014)

I agree with ShinyAndChrome re the retirement account. The Goldman family can't touch OJ's NFL pension, even though they won in a civil trial and have a judgment against him.
I also agree with all who said "why do it" if you don't need the money.


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## Mole (Mar 9, 2017)

ShinyAndChrome said:


> What does this mean exactly? Phase 1 insurance with uber/lyft is pitiful. Will your personal umbrella cover you above and beyond that in a car accident?
> 
> I had a bit of an epiphany today myself. I am no longer going to do rideshare phase 1 while moving (parking lot is fine). Like the OP I have assets and cannot accept them being destroyed because I only have $75k liability insurance phase 1 and wanted to make uber money. Also I don't yet know if my state has any rideshare gap insurance on personal policies.
> 
> As for the OP'a retirement it is likely protected anyway. Even in personal bankruptcy your retirement generally cannot be touched in many (most?) states.


So this is how she read it to me I have normal insurance on my 3 cars my uber car is insured for phase 1 fully and phase 2&3 is partial and they will sue uber and everyone else for any gaps in insurance and cover me for up to $1,000,000 and the umbrella is if I hit a school bus or something like that killing people in my car or any car bike street walker up to another million.


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## ShinyAndChrome (Aug 18, 2017)

Mole said:


> So this is how she read it to me I have normal insurance on my 3 cars my uber car is insured for phase 1 fully and phase 2&3 is partial and they will sue uber and everyone else for any gaps in insurance and cover me for up to $1,000,000 and the umbrella is if I hit a school bus or something like that killing people in my car or any car bike street walker up to another million.


 Better than my situation! We should have riders available soon in ny to grant proper phase 1 coverage. Right now nobody driving in ny has any coverage other than the garbage uber phase 1 unless they have commercial insurance.


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## Mole (Mar 9, 2017)

ShinyAndChrome said:


> Better than my situation! We should have riders available soon in ny to grant proper phase 1 coverage. Right now nobody driving in ny has any coverage other than the garbage uber phase 1 unless they have commercial insurance.


The best part I only pay about$1,100 a year. Before that my normal bill was $650 a year. It is a big difference but worth it.


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## Okphillip (Feb 6, 2017)

Mole said:


> So this is how she read it to me I have normal insurance on my 3 cars my uber car is insured for phase 1 fully and phase 2&3 is partial and they will sue uber and everyone else for any gaps in insurance and cover me for up to $1,000,000 and the umbrella is if I hit a school bus or something like that killing people in my car or any car bike street walker up to another million.


Killing ONE person would cost you 4-7 million. One million coverage and you're screwed for life!


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## Mole (Mar 9, 2017)

Okphillip said:


> Killing ONE person would cost you 4-7 million. One million coverage and you're screwed for life!


Technically I have $2,000,000 coverage and unless it was gross negligence I'm sure I could have my awesome lawyer could keep it under that amount since I have a perfect driving record and no past legal issues.


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## Another Uber Driver (May 27, 2015)

Okphillip said:


> Not only do you have to worry about yourself and passenger but also all the bikers and pedestrians.


Hit one, and even if it the fault of the bcyclist or jaywalk-ER-uh-PEDESTRIAN, your [donkey] is in a sling.



Mole said:


> Technically I have $2,000,000 coverage and I'm sure I could have my awesome lawyer could keep it under that amount


Usually, your insurance company will supply the lawyer.

I have had extensive experience with taxicab insurance, which is not much different from this. At one point, my cab company operated a Sinking Fund, which had unlimited liability. We went to an insurance company, of which I was an official. In my time, I encountered few cases where there was an award or settlement in excess of policy limits. When there was such an award or settlement, usually there was more than one person involved in the collision and more than one insurance company.

Once we had the insurance company, it was rare that the lawyers sued for anything in excess of policy limits. This was true even of lawyers who thought that the cab company had money. I did have to use a threat of filing for bankruptcy more than once when a lawyer was trying to make his retirement account on one case. In The Capital of Your Nation, the only insurance that taxicab drivers can buy is state minimum: 25/50/10. No, _*that thar' ain't no type-ee-graph-ick-ull err-urrrr*_. Some cab companies do have a one million umbrella policy, but not all. Despite that, it is rare that I have seen any suit for anything above policy limits. Most cases settled for far less than policy limits. In the Big City, the average speed of traffic is eighteen to twenty-two miles per hour, thus most collisions are low impact. The treatment mills to which the TV lawyers send their "clients" build up the cases. The D.C. judges know that.

Unless you live in an area where the average speed of traffic is above thirty miles per hour, I would not worry too much about what might happen as the result of a collision. If you carry 100/300/100, you will be fine. I carry that on my UberX car. I wish that I could buy it for my cab.


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## grams777 (Jun 13, 2014)

Okphillip said:


> Advice please. I'm wondering if driving for Uber in SF is simply too risky based on my circumstances and retirement savings.
> 
> I have a retirement account of about $600,000. Is it foolish to risk all of that in event of an accident? I have a full-time day job as well so Uber is just a supplemental. I don't really need the extra money to be quite honest.
> 
> Anyway, have you heard any stories of drivers being sued for big $$$?


If you look at the lawsuit complaints for many of the lawsuits where Uber was sued for an accident, you'll see the driver also listed individually.

As to who indemnifies and represents whom, and is ultimately responsible and from where they can collect - it might not be an area worth finding out the hard way.

Right there in SF (Syed was the driver):










At the time of the collision, Muzzafar was logged onto his Uber app and was awaiting to receive and accept a ride request. Uber denied any legal responsibility. It refused to provide compensation to the Liu family because Muzzafar was not transporting a passenger. Uber's assertion that it bore no legal responsibility, if successful, would have been devastating for the Liu family. Muzzafar had only the minimum insurance on his personal policy to compensate the Liu family. The bill for medical services alone for the family exceeded $500,000.​
http://kron4.com/2014/01/27/family-sues-uber-over-new-years-eve-fatal-wreck/

https://dolanlawfirm.com/accidents/uber-lyft-car-accident/uber-wrongful-death-injury-lawsuit/


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## 2Cents (Jul 18, 2016)

There is a case in California where a driver was sued after dropping off a drunk passenger off and that passenger broke in to a house and was shot and resulted in death. The homeowner was sued for wrongful death and so was the fübr driver. They claimed that the driver didn't adequately get the passenger home efficiently.
Case was tossed but just goes to show what is out there.


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## sellkatsell44 (Oct 25, 2015)

Older Chauffeur said:


> I agree with ShinyAndChrome re the retirement account. The Goldman family can't touch OJ's NFL pension, even though they won in a civil trial and have a judgment against him.
> I also agree with all who said "why do it" if you don't need the money.


I'm not sure about bankruptcy and being sued but when you divorce, even your retirement isn't sacred. Iras get divided between husband and wife.



2Cents said:


> There is a case in California where a driver was sued after dropping off a drunk passenger off and that passenger broke in to a house and was shot and resulted in death. The homeowner was sued for wrongful death and so was the fübr driver. They claimed that the driver didn't adequately get the passenger home efficiently.
> Case was tossed but just goes to show what is out there.


Key word it was tossed out. People can sue for anything (this is America after all). Whether it gets heard and ruled in favor of, to set precedent, is another matter.


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## 2Cents (Jul 18, 2016)

sellkatsell44 said:


> I'm not sure about bankruptcy and being sued but when you divorce, even your retirement isn't sacred. Iras get divided between husband and wife.
> 
> Key word it was tossed out. People can sue for anything (this is America after all). Whether it gets heard and ruled in favor of, to set precedent, is another matter.


Key word , defense attorney; as in thousands of dollars. Think of that the next time you take an entitled Millenial in your vehicle and see your $3.84 driver pay out.
How many rides at that rate would you have to do in order to pay for a defense attorney just for 1 hour? Now multiply that number by 80.
Enough said.


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## sellkatsell44 (Oct 25, 2015)

2Cents said:


> Key word , defense attorney; as in thousands of dollars. Think of that the next time you take an entitled Millenial in your vehicle and see your $3.84 driver pay out.
> How many rides at that rate would you have to do in order to pay for a defense attorney just for 1 hour? Now multiply that number by 80.
> Enough said.


Lol. So you don't have to pay for a lawyer to bring up such a suit? And so they wouldn't have to pay lawyer fees even if they lose? That's if they find a lawyer desperate enough to take such a case.

http://corporate.findlaw.com/litigation-disputes/how-to-get-your-attorneys-fees-reimbursed.html

And also, there are ways to get your attorney fees back if you win, that's if the case gets picked up.


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## Older Chauffeur (Oct 16, 2014)

sellkatsell44 said:


> I'm not sure about bankruptcy and being sued but when you divorce, even your retirement isn't sacred. Iras get divided between husband and wife.


? The OP wasn't talking about bankruptcy or divorce, but rather risk vs reward with regard to driving for hire and possibly being sued personally in the event of an accident.


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## sellkatsell44 (Oct 25, 2015)

Older Chauffeur said:


> ? The OP wasn't talking about bankruptcy or divorce, but rather risk vs reward with regard to driving for hire and possibly being sued personally in the event of an accident.


I know, and that's why I said I'm not sure about those two BUT, retirements aren't untouchable, since a spouse can claim it in a divorce.


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## 2Cents (Jul 18, 2016)

sellkatsell44 said:


> Lol. So you don't have to pay for a lawyer to bring up such a suit? And so they wouldn't have to pay lawyer fees even if they lose? That's if they find a lawyer desperate enough to take such a case.
> 
> http://corporate.findlaw.com/litigation-disputes/how-to-get-your-attorneys-fees-reimbursed.html
> 
> And also, there are ways to get your attorney fees back if you win, that's if the case gets picked up.


Wait what?


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## yomomma (Aug 31, 2017)

If your retirement is in a 401k then it is protected under ERISA laws. If you are not in a 401k, get an LLC and put the assets under that separately. Depending on what state you live in, you only have to pay the annual fee of the LLC, and file an annual tax return.


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## shadowjos (Sep 28, 2017)

Tw0pumpchump said:


> If you "don't actually need the extra money" why in the he'll drive for Uber?! Good god... value your time much?


Some people need to work, enjoy the driving business/human interaction. Everyone is different.


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