# Yet another driver sued over accident



## BurgerTiime (Jun 22, 2015)

Jessica Christie, 23, of Concord, was struck and killed in San Francisco on Nov. 5, 2018 by an Uber driver on the 700 block of Broadway.

https://www.sfchronicle.com/bayarea/amp/Family-of-barista-and-UC-Berkeley-student-sues-13653747.php
In case you didn't realize there's hundreds drivers all over the world facing lawsuits involved crashes and assaults.
Uber nor Lyft will pay for your defense leaving you holding the legal money bag.
You are an independent contractor subject to civil suits. Many drivers are unaware of the hidden dangers an event may cause.

*Family of barista and UC Berkeley student sues Uber, driver over deadly San Francisco crash*

"My client and his family are deeply saddened by the death of the motorcyclist," Samara said. "He feels awful that someone died."
Andrew Hasbun, an Uber spokesman, said Uber removed Martinez as a driver. He declined to comment further.


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## Pax Collector (Feb 18, 2018)

Rideshare driver or not, you'll still be liable for whatever your insurance wouldn't cover. 

I bet this ant didn't even have rideshare endorsement at the time and is screwed into oblivion. 

That's one more reason I don't drive in San Francisco. Too many dumb ants doing dumb shit such as this.


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## BigBadJohn (Aug 31, 2018)

And it wasn't a SDC......but, let the spin begin!


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## mbd (Aug 27, 2018)

Illegal u turn .... sometimes the gps will say to make a UTurn at a illegal uturn sign. 
Driver will be ok, Uber will write a big check 
Bikes- most of the bikes on highways going well over the speed limit.


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## BurgerTiime (Jun 22, 2015)

mbd said:


> Illegal u turn .... sometimes the gps will say to make a UTurn at a illegal uturn sign.
> Driver will be ok, Uber will write a big check
> Bikes- most of the bikes on highways going well over the speed limit.


Uber has only wrote "big checks" on big news that tainted their reputation. They pay nothing and provide zero help for drivers that don't make news.


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## mbd (Aug 27, 2018)

Driver will not pay a dime to the family.
He will spend moneys on the lawyer.
Family will get $$$, but not from drivers bank account.


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## Stevie The magic Unicorn (Apr 3, 2018)

mbd said:


> Driver will not pay a dime to the family.
> He will spend moneys on the lawyer.
> Family will get $$$, but not from drivers bank account.


Uber's insurance is going to pay out big time on a deadly crash...


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## BurgerTiime (Jun 22, 2015)

Stevie The magic Unicorn said:


> Uber's insurance is going to pay out big time on a deadly crash...


If you mean $1 million being "big time" then that's the cap. They don't payout extra as that's the amount the regulators found sufficient. 
Another thing, if 4 people are injured and one is paralyzed, the $1 million is divided equally. The paralyzed one doesn't receive more of the pie. I've posted an article on that situation too.


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## Irishjohn831 (Aug 11, 2017)

They sue Uber too, they want the big fish


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## observer (Dec 11, 2014)

BurgerTiime said:


> If you mean $1 million being "big time" then that's the cap. They don't payout extra as that's the amount the regulators found sufficient.
> Another thing, if 4 people are injured and one is paralyzed, the $1 million is divided equally. The paralyzed one doesn't receive more of the pie. I've posted an article on that situation too.


Is it a cap or is it a minimum?

When our trucking business insured our trucks we were required by state law to have a 1M minimum policy. The insurance company paid up to 1M, we were responsible for anything above 1M.

We could, if we wanted to, purchase a higher coverage.


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## Irishjohn831 (Aug 11, 2017)

The driver admitted to making an illegal uturn and not seeing the girl, Uber should sue him


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## Fozzie (Aug 11, 2018)

Why sue the driver? In 99% of the cases the only "asset" the driver has will be a 14 year Toyota Prius with 300,000 miles, a cracked windshield and in dire need of a new transmission.


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## Irishjohn831 (Aug 11, 2017)

Fozzie said:


> Why sue the driver? In 99% of the cases the only "asset" the driver has will be a 14 year Toyota Prius with 300,000 miles, a cracked windshield and in dire need of a new transmission.


I guess because the family feels losing someone they love to an illegal uturn where the driver had been charged is part of their dealing with the pain.


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## BurgerTiime (Jun 22, 2015)

observer said:


> Is it a cap or is it a minimum?
> 
> When our trucking business insured our trucks we were required by state law to have a 1M minimum policy. The insurance company paid up to 1M, we were responsible for anything above 1M.
> 
> We could, if we wanted to, purchase a higher coverage.


The min is zero the max coverage per ride is $1 mil. $1 mil is a lot less than most livery policies (and commercial trucks) Most have double that. Also Uber is not the insurer, it's James River in most of the USA in other countries they have different insurance and policies.


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## Fozzie (Aug 11, 2018)

Irishjohn831 said:


> I guess because the family feels losing someone they love to an illegal uturn where the driver had been charged is part of their dealing with the pain.


You sound like an fun, optimistic guy. I like you.


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## Irishjohn831 (Aug 11, 2017)

Fozzie said:


> You sound like an fun, optimistic guy. I like you.


If it were my daughter (have one child) I would kill him


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## Fozzie (Aug 11, 2018)

Irishjohn831 said:


> If it were my daughter (have one child) I would kill him


*Vindictive and violent. You wouldn't happen to be an Uber driver, would you?*


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## Irishjohn831 (Aug 11, 2017)

Fozzie said:


> *Vindictive and violent. You wouldn't happen to be an Uber driver, would you?*


Think of it more like this, in my case my whole world would be gone.


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## Fozzie (Aug 11, 2018)

Irishjohn831 said:


> Think of it more like this, in my case my whole world would be gone.


It doesn't take rideshare for that to happen. Cherish what you have and don't dwell on theoretical tragedies. Life is too short for that shit.


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## Irishjohn831 (Aug 11, 2017)

Fozzie said:


> It doesn't take rideshare for that to happen. Cherish what you have and don't dwell on theoretical tragedies. Life is too short for that shit.


On the flip side, my daughter will never ride on or drive a motorcycle.


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## Fozzie (Aug 11, 2018)

Irishjohn831 said:


> On the flip side, my daughter will never ride on or drive a motorcycle.


You can't raise children in a bubble. People that do end up with socially dysfunctional kids. Let them live and experience life. (Just my opinion as a mother of two, grandmother of 6)


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## observer (Dec 11, 2014)

BurgerTiime said:


> The min is zero the max coverage per ride is $1 mil. $1 mil is a lot less than most livery policies (and commercial trucks) Most have double that. Also Uber is not the insurer, it's James River in most of the USA in other countries they have different insurance and policies.


You are wrong.

One million dollars is the minimum coverage required in order to recieve a TNC license from the CPUC.

It is _not_ a cap on damages.

I never said Uber was an insurer. Yes James River is the insurance company and they cover up to one million dollars. That is the maximum coverage per ride that JR will pay out.

Uber is on the hook for anything above one million dollars.

Why do you think they make those that win a lawsuit sign nondisclosure agreements?


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## Irishjohn831 (Aug 11, 2017)

Fozzie said:


> You can't raise children in a bubble. People that do end up with socially dysfunctional kids. Let them live and experience life. (Just my opinion as a mother of two, grandmother of 6)


Not raising her in a bubble, there's just certain things I don't mess around with. Motorcycles are one of those things. She tries drugs, she can go to jail or rehab, I will at least know where she is every night. She's a smart kid and I try and lead by example by letting her know why I feel the way I do. She's 10 now, I've yelled at her once in my life when she was 4 and was texting the street. The only time I will yell or react is when I know she will likely get hurt.


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## BurgerTiime (Jun 22, 2015)

Irishjohn831 said:


> On the flip side, my daughter will never ride on or drive a motorcycle.


Those are super dangerous. I had a fiend in high school lost her leg.


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## tohunt4me (Nov 23, 2015)

BurgerTiime said:


> Jessica Christie, 23, of Concord, was struck and killed in San Francisco on Nov. 5, 2018 by an Uber driver on the 700 block of Broadway.
> 
> https://www.sfchronicle.com/bayarea/amp/Family-of-barista-and-UC-Berkeley-student-sues-13653747.php
> In case you didn't realize there's hundreds drivers all over the world facing lawsuits involved crashes and assaults.
> ...


Oh God.
23.
So young .
So dead.


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## Uberfunitis (Oct 21, 2016)

Irishjohn831 said:


> On the flip side, my daughter will never ride on or drive a motorcycle.


And then she becomes an adult and does what she wants.


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## Fozzie (Aug 11, 2018)

Irishjohn831 said:


> Not raising her in a bubble, there's just certain things I don't mess around with. Motorcycles are one of those things. She tries drugs, she can go to jail or rehab, I will at least know where she is every night. She's a smart kid and I try and lead by example by letting her know why I feel the way I do. She's 10 now, I've yelled at her once in my life when she was 4 and was texting the street. The only time I will yell or react is when I know she will likely get hurt.


That you need to know where she is 24/7 speaks volumes about how much you actually trust her ability to make sound decisions. Kids need an opportunity to explore and make decisions, good and bad, on their own. That's how they learn, and what will stay with them for life.


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## Stevie The magic Unicorn (Apr 3, 2018)

observer said:


> You are wrong.
> 
> One million dollars is the minimum coverage required in order to recieve a TNC license from the CPUC.
> 
> ...


In every situation I have ever heard about...

After the insurance gets maxed out the lawyers go for the cab company's throat directly, never after the drivers (even independent contractors) because it's usually not worth the money.


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## The Gift of Fish (Mar 17, 2017)

BurgerTiime said:


> Jessica Christie, 23, of Concord, was struck and killed in San Francisco on Nov. 5, 2018 by an Uber driver on the 700 block of Broadway.
> 
> https://www.sfchronicle.com/bayarea/amp/Family-of-barista-and-UC-Berkeley-student-sues-13653747.php
> In case you didn't realize there's hundreds drivers all over the world facing lawsuits involved crashes and assaults.
> ...


_"Christie slammed into Martinez's Honda Civic and catapulted off the bike, both her shoes rocketing off her feet. The Concord resident would die an hour later with broken arms, legs and massive internal bleeding. "_

That street is a 25 mph zone. As a lifelong biker it seems to me likely that this young lady was travelling far in excess of the speed limit given the massive amount of damage that was done to her body.


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## corniilius (Jan 27, 2017)

"Christie slammed into Martinez's Honda Civic and catapulted off the bike, both her shoes rocketing off her feet. The Concord resident would die an hour later with broken arms, legs and massive internal bleeding."

I broke every bone in my left leg in a 35 MPH head on collision that sent me flying across the intersection.

I broke my shoulder, ribs, snapped the wings off two of my cervical vertebrae and required rotator cuff surgery in a 50 MPH collision.

how fast was she going?



The Gift of Fish said:


> _"Christie slammed into Martinez's Honda Civic and catapulted off the bike, both her shoes rocketing off her feet. The Concord resident would die an hour later with broken arms, legs and massive internal bleeding. "_
> 
> That street is a 25 mph zone. As a lifelong biker it seems to me likely that this young lady was travelling far in excess of the speed limit given the massive amount of damage that was done to her body.


Bikers know.


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## BurgerTiime (Jun 22, 2015)

observer said:


> You are wrong.
> 
> One million dollars is the minimum coverage required in order to recieve a TNC license from the CPUC.
> 
> ...


I'm not wrong the coverage is $1 million per incident. Please give me an example where Uber or Lyft payout for an accident was more. I cannot find any where the policy paid over. That's why lawyers take on the case to sue above and beyond the accident due to the coverage being insufficient in major cases due to permanent disability and death. Any lawsuit brought Uber fights all cases due to this statement "we do not provide transportation, we are not in the transportation business, we only connect two people by means of an app".."Drivers are independent contractors and we do not employ drivers". You can go after anyone and sue anyone you like. But Uber covers their butt in the TOS users agree to when downloading the app. There's been topic threads on this already.
Experts have weighed in and compared Uber's user-end agreement to jumping out of a plane with a flight school. You sign your rights to sue Uber. I suggest you have a good read over it. I'll post the news thread about it too if you like.

Uber stance on when a driver is involved in a major accident:
https://www.wfla.com/news/pinellas-...-seriously-injured-in-st-pete-crash/995196928
"Under terms and conditions that riders agree to, the app-based ride-hailing companies say they aren't legally liable for the safety of their drivers or the quality of their services. That's because the drivers are independent contractors, not employees."


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## observer (Dec 11, 2014)

BurgerTiime said:


> I'm not wrong the coverage is $1 million per incident. Please give me an example where Uber or Lyft payout for an accident was more. I cannot find any where the policy paid over. That's why lawyers take on the case to sue above and beyond the accident due to the coverage being insufficient in major cases due to permanent disability and death. Any lawsuit brought Uber fights all cases due to this statement "we do not provide transportation, we are not in the transportation business, we only connect two people by means of an app".."Drivers are independent contractors and we do not employ drivers". You can go after anyone and sue anyone you like. But Uber covers their butt in the TOS users agree to when downloading the app. There's been topic threads on this already.
> Experts have weighed in and compared Uber's user-end agreement to jumping out of a plane with a flight school. You sign your rights to sue Uber. I suggest you have a good read over it. I'll post the news thread about it too if you like.
> 
> Uber stance on when a driver is involved in a major accident:
> ...


Your wording is pretty clever but
I am not disputing your claim of the coverage being one million dollars.

The coverage James River will pay is one million dollars.

Where you are wrong is that one million dollars is a cap. Uber, and for some reason you, would like us to believe that is where their payout stops. It doesn't.

Uber is liable for any claim in excess of RJs policy coverage of one million dollars. So, if a victim wins 2.2 million dollars, RJ pays one million dollars and Uber pays the difference of 1.2 million dollars.

The reason you haven't found anywhere the policy paid over is because RJ only pays the 1M and Uber PAYS THE DIFFERENCE and has the victim sign

A NON DISCLOSURE AGREEMENT.

Which means they can't disclose it to anyone, see how that works?

NON DISCLOSURE = Don't disclose how much I paid you so @BurgerTiime can't read about it.

Ohh, and that article, was from a couple years ago in FL when Uber had NO INSURANCE coverage at all and was illegal in FL.

And trying to place ALL the liability on drivers.

Imagine that.


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## AlteredBeast (Sep 29, 2018)

There's a reason why ER doctors and nurses across the country refer to motorcycles as "donorcycles."

They are even less safe in the world of distracted drivers and pedestrians.


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## Stevie The magic Unicorn (Apr 3, 2018)

AlteredBeast said:


> There's a reason why ER doctors and nurses across the country refer to motorcycles as "donorcycles."
> 
> They are even less safe in the world of distracted drivers and pedestrians.


Yep...

a survivable fender bender in a parking lot in a sedan is instead the stairway to heaven on a motorcycle.


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## t5contra (Dec 24, 2015)

Stevie The magic Unicorn said:


> Yep...
> 
> a survivable fender bender in a parking lot in a sedan is instead the stairway to heaven on a motorcycle.


Uber drivers aren't allowed into heaven. Didn't you read your contract?


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## sd1303 (Nov 11, 2015)

Fozzie said:


> Why sue the driver? In 99% of the cases the only "asset" the driver has will be a 14 year Toyota Prius with 300,000 miles, a cracked windshield and in dire need of a new transmission.


To secure the right to collect on future income.


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## Fozzie (Aug 11, 2018)

sd1303 said:


> To secure the right to collect on future income.


The odds of that are pretty slim, and probably not worth pursuing. We're talking about suing drivers scraping for peanuts to prevent having to live in their cars, not multi millionaires who have the resources to quickly recover financially.


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## andiescandies (Nov 6, 2018)

Irishjohn831 said:


> If it were my daughter (have one child) I would kill him


wow. . . i know that if i ever hit and killed someone in my car accidentally, i think i would want to die anyway. have a little humanity. i've made the mistake of hitting a cyclist myself (thank god it wasn't serious) and i'm a good person.


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## sd1303 (Nov 11, 2015)

Fozzie said:


> The odds of that are pretty slim, and probably not worth pursuing. We're talking about suing drivers scraping for peanuts to prevent having to live in their cars, not multi millionaires who have the resources to quickly recover financially.


The odds of collecting on a lot of civil cases are pretty slim. If Mr/Mrs Uber Killer ends up with a steady job in a few years (or gets an inheritance or wins the lottery, etc) the family is going to want to be able to go after that cash.

Basically, even if he's broke, the family wants to ensure he continues to be broke.


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## Fozzie (Aug 11, 2018)

sd1303 said:


> The odds of collecting on a lot of civil cases are pretty slim. If Mr/Mrs Uber Killer ends up with a steady job in a few years (or gets an inheritance or wins the lottery, etc) the family is going to want to be able to go after that cash.
> 
> Basically, even if he's broke, the family wants to ensure he continues to be broke.


It could happen, I just doubt that such would be worth the effort in 99% of cases.


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## sd1303 (Nov 11, 2015)

Fozzie said:


> It could happen, I just doubt that such would be worth the effort in 99% of cases.


'Worth the effort' probably takes on a different context when a family member is killed.


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## Norm22 (Feb 10, 2018)

#Umbrella policy less than 500 with good insurance limits, 250/500 or 100/300


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## touberornottouber (Aug 12, 2016)

If you have significant assets to protect you should max out on your rideshare (or commercial insurance) plus get a $1 million umbrella policy. Of course given the costs of that and the low rates we get paid you probably won't make any profit. So I guess the wisest thing to do would be just to stay home.


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## BurgerTiime (Jun 22, 2015)

_Okay so with all these drivers being sued should you go LLC and protect yourself and family? Seems like this is the direction drivers are headed. _


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## sd1303 (Nov 11, 2015)

BurgerTiime said:


> _Okay so with all these drivers being sued should you go LLC and protect yourself and family? Seems like this is the direction drivers are headed. _


Something to look into, I guess... although it might be hard to get a personal insurance policy on a vehicle registered under an LLC. Might end up paying more for a commercial policy.

Sounding more and more like the taxi companies, eh?


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## jeanocelot (Sep 2, 2016)

Anyone working as a Uberer probably does not have much attachable assets. In any case, it is always a good idea to put oneself into an easily bankruptable financial condition by having most assets in retirement accounts. If you run into a bus, you simply file Chapter 7, paying your attorney $2K and buying your non-exempt stuff back at garage sale prices.



observer said:


> Is it a cap or is it a minimum?
> 
> When our trucking business insured our trucks we were required by state law to have a 1M minimum policy. The insurance company paid up to 1M, we were responsible for anything above 1M.
> 
> We could, if we wanted to, purchase a higher coverage.


On Mother's Day, 1999 in New Orleans, there was a bus full of seniors going to the Mississippi casinos that crashed on the freeway because the driver had a heart attack. The transportation company was running on a shoestring, simply leasing buses and paying drivers. Yes, there was some insurance policy as mandated by law, but the transportation company just filed for bankruptcy, and that was that.


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## observer (Dec 11, 2014)

jeanocelot said:


> Anyone working as a Uberer probably does not have much attachable assets. In any case, it is always a good idea to put oneself into an easily bankruptable financial condition by having most assets in retirement accounts. If you run into a bus, you simply file Chapter 7, paying your attorney $2K and buying your non-exempt stuff back at garage sale prices.
> 
> 
> On Mother's Day, 1999 in New Orleans, there was a bus full of seniors going to the Mississippi casinos that crashed on the freeway because the driver had a heart attack. The transportation company was running on a shoestring, simply leasing buses and paying drivers. Yes, there was some insurance policy as mandated by law, but the transportation company just filed for bankruptcy, and that was that.





jeanocelot said:


> Anyone working as a Uberer probably does not have much attachable assets. In any case, it is always a good idea to put oneself into an easily bankruptable financial condition by having most assets in retirement accounts. If you run into a bus, you simply file Chapter 7, paying your attorney $2K and buying your non-exempt stuff back at garage sale prices.
> 
> 
> On Mother's Day, 1999 in New Orleans, there was a bus full of seniors going to the Mississippi casinos that crashed on the freeway because the driver had a heart attack. The transportation company was running on a shoestring, simply leasing buses and paying drivers. Yes, there was some insurance policy as mandated by law, but the transportation company just filed for bankruptcy, and that was that.


The state wound up paying a chunk of money as did the bus manufacturer, the casino and insurance company.

In case of an Uber involved accident though, Uber is much to big to file for bankruptcy over an accident.


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## observer (Dec 11, 2014)

BurgerTiime said:


> _Okay so with all these drivers being sued should you go LLC and protect yourself and family? Seems like this is the direction drivers are headed. _


I somehow missed this post when you originally posted it.

A LLC will not protect a drivers assets in a collision.

LLCs are designed to protect investors. If you are driving and cause an accident, both you personally and your LLC will be sued (as well as John Does 1-50).

You will have to pay a lawyer to defend yourself and your LLC.

An LLC will give you zero protection. The only thing that will protect you is proper and sufficient insurance coverage.


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