[Talk Host]

Many Village residents choose to hire private individuals to take them to and from the airport and other places. There is a giant risk if you don't follow a few simple guidelines. Insurance and licensing are among the most important consideration. I know that people take it very lightly. However, in the case of a serious accident (they happen every day) its no longer a minor issue.

A very good friend of mine owns a large transportation company in Upstate New York and on this website, he has posted these important questions you should ask any time you hire somebody to drive your around.

1. Is the company registered to operate a business?

2. Is the company a full time business or a part time occupation?

3. What experience does the company have and how long have they been in business?

4. Do they have references, and experience in providing your specific requirements?

5. Can they provide you with a certificate of insurance and what are the insurance liability limits?

6. Are all drivers properly licensed and/or CDL certified to operate the type of equipment being hired?

7. Are drivers pre-employment screened by the employer, through the local police, and the department of motor vehicles?

8. Does the company provide workmen's compensation for its employees?

9. Are drivers trained in dealing with traffic and weather conditions, emergency situations, and basic defensive driving techniques?

10. Are the vehicles you hire properly licensed as " livery " and registered as a "for hire vehicle"?

11. Are the vehicles properly inspected by the DMV or State DOT as required?

12. Are the vehicles regularly serviced under a company maintenance program?

13. What is the company policy for handling emergency and vehicle breakdown situations?

[784caroline]

Talk Host
You list very good points and its hard to agrue in a "utopia" that one should not make such inquiries. But in all honesty, who really asks these questions. Your friend owns a BIG transport company and im sure his business has all the necessary "t's" crossed and "i's" dotted and it would be to his advantage to steer people to his business by providing such a list. However, many people simply want an ride from a local small business or private individual that will provide a service at a reasonable cost. You would hope they are properly insured and licensed but for that matter I really donot know if my neighbor (who offers to drive me) has a valid drivers license or liability insurance....never mind a business/CDL license or Certificate of Insurance. Many of the other issues you raised ...well most people simply donot understand ..they do understand that the guy someone referred me to charges $XX where the BIG company charges at least double that amount....and referrals mean alot whether its getting a ride like we are talking about here or hiring a contractor to do some work in/on your house.

Im not saying its right, but I think this is what happens more often than you think.

[Talk Host]

Unless people are careful, utopia or not, they will suffer the unwanted consequences of an accident or injury resulting from an uninsured, inexperienced and unqualified driver.

The majority of the "part time" people who offer rides for hire are not insured and you are making a huge gamble when you ride with them.

If you hire him or her and she is not properly insured and there is an accident, YOU are on the hook for the whole deal. You are the employer, and he/she is your employee. If that car smashes into a tour bus, you are effectively financially finished for the rest of your life.

Would you take your entire life savings to Las Vegas and put it on "red" on the roulette wheel? I think not.

[katezbox]

Originally Posted by Talk Host

If you hire him or her and she is not properly insured and there is an accident, YOU are on the hook for the whole deal. You are the employer, and he/she is your employee. If that car smashes into a tour bus, you are effectively financially finished for the rest of your life.

TH,

How do you know this to be true? Is there a FLSA or other statute that states a driver you hire is your "employee"?

[Talk Host]

When you pay a person for a service, you are hiring the person, yes? Is there another way to hire a person without you being the employer?


BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS

Florida Statute 455.228

"....the department may issue and deliver a notice to cease and desist to any person who aids and abets the unlicensed practice of a profession by employing such unlicensed person."

Florida Livery Industry: "...The safety of travelers in unlicensed commercial vehicles is in jeopardy because in the event of an accident they are uninsured and unprotected against any damages."

[dadspet]

And even more important don't forget to wear suspenders in case your belt breaks or your pants could fall down! Or have a backup strap on your diving mask or eject seat in that Glider.

I think life is full of risks - some important and worth worrying about and others?? > sometimes you just need to determine if the risk is worth worrying about.
Most people know buying something off EBAY (or internet for that matter)is a bigger risk then buying from a major store - but guess what > they determine the risk is worth it.

BTW by some of you little photos I think you understand risk vs reward ( pleasure or what ever).

Anyway thanks for the information- I was just killing some time not trying to pull your chain "too hard"!

[bimmertl]

Not necessarily an employer/employee situation. It's most llikely an independent contractor issue. My lawn service people, painters, handy men etc. aren't my "employees". The mere fact you hire someone to perform a task for you does not grant them "employee" status under the law.

Florida has ridiculous minimum auto insurance financial responsibility laws. In order to be "insured" under the Florida mandatory insurance laws, you must have a minimum of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability coverage. Amazingly, there is no requirement to have any bodily injuy liability coverage.

So one can comply with the state insurance requirements and still be underinsured or uninsured for most occurences.

I question your statement that "the majority of part time people who offer rides for hire are uninsured..." How did you come up with that premise other than pure speculation on your part?

So next time we get in a taxi, Villages tour bus, etc etc we need to go through the livery vehicle checklist from the state of New York? I doubt it.

[katezbox]

Originally Posted by Talk Host

When you pay a person for a service, you are hiring the person, yes? Is there another way to hire a person without you being the employer?

[B/I]

Actually, there are lots of regulations and guidelines about what constitutes an employee vs independent contractor.

[Talk Host]

Please understand, I really don't care if anybody wants to ride in an uninsured/under insured vehicle. It's up to you. You can discuss the fine points as much as you want. I post this for information. You can do as you wish.

I will continue to be vigilant about who I hire.

[thegreenerside]

Do we need the same list before boarding airliners too. If I am not mistaken, the flight that crashed in Buffalo, NY had two pilots that were not experienced enough to fly in icing situations based on reports in an unusual open FAA hearing last week.

[Talk Host]

Originally Posted by bimmertl

I question your statement that "the majority of part time people who offer rides for hire are uninsured..." How did you come up with that premise other than pure speculation on your part?

By "uninsured" I mean insured to operate a passenger vehicle for hire.

I have been involved in the transportation industry for 18 years and have owned no less than 15 limousines, vans and buses. One of the biggest expenses for a legitimate operator is insurance. It has put many operators out of business. Have you ever asked an operator if they have livery insured? I do all time time. You would be surprised how many times the answer is "no."

[SteveFromNY]

It's a risk to use someone who isn't insured to operate as a livery vehicle, forgetting for the moment all of the other points made in the original post.
You get in that car as a "customer" (whether he is your employee or independent contractor), the driver lacks the proper type of coverage (whether the limits are high or low), and there is an accident, driver's fault or not, the insurance companies aren't going to pay. Typically insurance companies are proud of their attitude of "we will pay no claim until the court tells us to" - well maybe not publicly - but payout percents are a stat they track for sure.

[katezbox]

Originally Posted by Talk Host

Please understand, I really don't care if anybody wants to ride in an uninsured/under insured vehicle. It's up to you. You can discuss the fine points as much as you want. I post this for information. You can do as you wish.

I will continue to be vigilant about who I hire.

I am not disagreeing with you - just making sure the information is accurate. Hiring someone to drive you to the airport may be taking an unnecessary risk in the event of an accident. It does not necessarily create an employer/employee relationship. Your message is good; no need to oversell.

[Talk Host]

Originally Posted by katezbox

no need to oversell.

You can label my advice as you wish. You can choose to follow the advice or not. You can minimize the value of the advice if you so choose. The advice is free, so in any case, you are getting your money's worth.

[784caroline]

My label as you call it would be "Good Advice, be aware and follow your instinct....may not be practical to follow and implement"

A related question I have would be if I get in such a vehicle, and the driver, be it a paid livery or my neighbor's car (ie free ride), gets in an accident and im injured, and he/she has no insurance or is under insured, can i use "MY" Uninsured/Underinsured Motorist insurance and health coverage (or whatever they call it in Florida) to cover my injuries/liability as a result of my lapse of memory or foresight to ask the right questions???