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Need some insurance help.

Discussion in 'Business Fundamentals' started by lawnboy82, Nov 9, 2001.

  1. lawnboy82

    lawnboy82 Banned
    Messages: 51

    Hello all. I am here to ask a question obviously. Up at school I have several friends. One of these friends, her parents own 5 Burger Kings in Mass. She is currently dating a guy who is about 20 years old, and is doing the whole landscape / lawn bus stuff. He unfortunatley is not a D/B/A, Corp, or Inc. So therefore he has no insurance. He now wishes to get into snow plowing, and is going to be taking on the plowing at the Burger Kings. My friend is telling me that if somebody should slip and fall that they will just sue her parents and that will be the end of it. I have always thought though that it is our place to be sued if someone were to slip, fall and get hurt. I am not looking to do this job because it is several hundreds of miles away, and whatever, so it's not about competition. This is simply looking out for a friend. Is there any written documentation you all can think of that would state who would be sued should somebody trip and fall because of ice / snow? I am aware that you can state in any contract about taking no responsibilty for injuries, blah blah blah, but i also realize that usually that gets breached and doesn't offer much protection.
     
  2. 75

    75 PlowSite.com Addict
    Messages: 1,382

    :confused: :confused: :confused:

    "Need some insurance help"??? IMO, someone else needs INSURANCE, period.

    I believe the "written documentation" would consist of something along the lines of a signed contract and proof of proper insurance.

    As far as who gets sued in the event of an injury, I believe the answer there is "everybody".
     
    Last edited: Nov 9, 2001
  3. turkeywing

    turkeywing Manufacturer & PlowSite.com Sponsor
    Messages: 44

    I just had this happen last year although I am insured for such instances, the party who fell sued the property owners insurance company, the only question that was asked of me was if the property was plowed and ice control measures taken that day. I also agree you need Insurance because it could have easily came back to the maintanence. good luck





    Rod:)
     
  4. Mick

    Mick PlowSite.com Veteran
    from Maine
    Messages: 5,546

    LB82, your friend is dumb as a rock. He should consult a lawyer or an insurance agent.
     
  5. lawnboy82

    lawnboy82 Banned
    Messages: 51

    You don't have to tell me that twice. I was hoping though that there would be some written documentation saying though what does happen when an accident occurs, or who is liable or whatever. I have done work without insurance in the past. That stopped about 2 years ago. I look back on that time now and realize how foolish it was. Maybe I am wrong when I have it out for these young guys who work without insurance. But let me tell you, a lot of the stuff I did back when I was younger could have easily harmed property and or humans. The kid who will be plowing has several nice cars and a house and other assets and I would hate to hear that he lost it all because he failed to obtain proper insurance.
     
  6. Mick

    Mick PlowSite.com Veteran
    from Maine
    Messages: 5,546

    Why should it bother you if he loses his stuff in a lawsuit? His fault, his problem. Do you want to be responsible for him?
     
  7. lawnboy82

    lawnboy82 Banned
    Messages: 51

    It really wouldn't bother me too much, but knowing that I could have helped them to avoid this would erk me.
     
  8. 75

    75 PlowSite.com Addict
    Messages: 1,382

    If he can afford all that stuff he can certainly afford proper insurance.
     
  9. guido

    guido PlowSite.com Veteran
    Messages: 261

    I'm with Rob....

    My thoughts exactly.

    LB82, whats with your little signature bar?? Come back from the dream world sometime, okay?:rolleyes:
     
  10. gene gls

    gene gls PlowSite.com Veteran
    Messages: 480

    lb82:

    If your friends parents are smart enough to own 5 Bugger Kings then they should know enough to cover thier butt with a contrack. I think the all mighty $$$$ has encouraged them to take a gamble and let this guy plow for very cheap.

    Gene
     
  11. Plow Meister

    Plow Meister PlowSite.com Addict
    Messages: 1,174

    Right on Gene!

    I have been plowing for over 10 years and there is absolutely no substitute for proper insurance. Knock on wood I have never had a claim filed against my insurance but every time I go out and play in the snow I thank all mighty CNA insurance for the coverage they provide me. My wife is an insurance broker and handles all that paperwork for me. She also devised a ton of different waivers for my customers to sign. Therefore my a$$ is totally protected.
     
  12. JCurtis

    JCurtis Banned
    Messages: 862

    Hey Meister !!! Can I borrow.....

    Your wife for a while ? I need a good ..... (oops better think clean here)

    uhhhhhhhhhhh........ Insurance agent


    How about sending me samples of those waivers, so I can show my agent!

    Bet yours is prettier!!!!!
     
  13. Plow Meister

    Plow Meister PlowSite.com Addict
    Messages: 1,174

    On their way

    The samples are on their way to you via Email. I also gave you my number in case you have any questions. My wife is not my agent. I just use her knowledge to spiff up my contracts to help save my ass in the event of...

    Also, let me correct myself when I said my ass was totally protected. Anyone can sue anyone else at any time. Even if I did get sued than that still means I would have to go to court and waste time and money on a lawyer. Plus, in the obscure possibility the complaintant were to win, that person could still come after me personally even though I am a sub-chapter S corporation. Therefore I keep all my assets out of my name. Anything can happen though.
     
  14. JCurtis

    JCurtis Banned
    Messages: 862

    Thanks

    I fully understand that no one is litigation proof.

    The society is way too litigious these days, One has to do what ever one can to protect oneself as much as possible.