How do I create a legal document preventing a client’s parents from suing me personally in the event of a car accident?
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How do I create a legal document preventing a client’s parents from suing me personally in the event of a car accident?
I am privately employed by a family to provide occupational/speech therapy related services to a developmentally disabled individual. I am paid in cash and am off the books. The family and I would like me to drive him to and from a facility approximately 5 miles away from his house. I am worried about liability protecting my assets in case of an accident.
Asked on June 3, 2011 under Personal Injury, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no way to completely protect yourself. You can draft up a fairly simple agreement--either stand alone or as part of an employment agreement--stating that the family agrees to waive any claims against your relating to any injuries or damages caused while you are transporting the girl in the course of employment, including too and from the facility in question. While that might, if signed by them, protect you from claims arising out of simple negligence--e.g. driving a bit too fast for conditions--you can't insulate yourself from liabilty arising out of gross negligence (more than normally careless behavior, like DUI or texting while driving) or intentional bad acts.
There are also a number of other issues you have to face:
1) If you have car insurance--or will be driving their car, under their insurance--if the insurance is simply for non-business, non-work use (in other words, the typical car insurance), it may not cover against injuries or damages arising from a business or employment use, such as driving a child as part of your job.
2) If you're being paid under the table or off the books, you--and they--are committing tax fraud, and could incur tax liability.
3) Being paid off the books also means no unemployment, not earning anything towards social security, etc.
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