If we’re going to use our cars to transport clients, do I need to have clients sign a liability waiver of some kind so that my business won’t be held liable if there is an accident?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If we’re going to use our cars to transport clients, do I need to have clients sign a liability waiver of some kind so that my business won’t be held liable if there is an accident?

I am a behaviorist with 1 employee and we are planning to use our cars to transport clients. Should our clients and their parents sign a liability waiver?

Asked on December 7, 2016 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A liability waiver helps, but is NOT absolute protection: you cannot have others give up their right to sue for your grossly negligent or reckless (more ordinarily careless) or intentional behavior; you can only protect yourself via waiver from the ordinary risks of an action or from "ordinary" levels of carelessness. To put it in perspective: a waiver would likely stop you from being sued if you braked abruptly and were rear-ended, or the car skidded in the rain; but would not protect if you were speeding, texting or otherwise driving distractedly, were driving while on any medication or substance that impairs driving, etc. 
You need to make sure you have the correct insurance, in an adequaate: that's the best way to protect yourself. Your ordinary auto insurance policy almost certainly does NOT protect you against using your car to transport others as part of your employment/business; your regular insurance is for noncommercial use. If you get into an accident while driving a client, your insurer can likely deny coverage, because you did not have the right insurance. Speak to an insurance agent and get the correct insurance for this need.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption