Hiring a regular person to move my car to Florida from Michigan- contract moving car service?
Question:
I need to get my car from Michigan to Florida and I was thinking about hiring a student to drive it there for me. I want them to sign a contract, however, that says they won't steal it or try to say that they own it or a basic "you break, you buy" caveat before they take my car. Does anyone have any experience with this? Am I just asking for trouble? How would I word something like that?
Answer:
_Word it just as if you were speaking it. A contract does not need fancy
legal or flowery language to be valid nor does it help things. In fact, in
cases of dispute, the clearest language is the best language.
That said, you have to consider if such a document will afford you any real
protection. It's already illegal for anyone, hired drivers included, to
steal your car, so why do you need that? As to paying for any damages, if
there are damages, do you think you could collect? What you should do in any
case is ask of your insurance agent how your coverage applies. For example,
if your policy has a provision saying only you or you and your spouse can
drive the car, you may be exposed to a negligence claim should the student
damage persons or property in the course of the drive.
There are professional car moving services also. You can find them on the
Web.
_Just a suggestion, but have you looked into any of those "driveaway"
companies that do the same thing, on a regular basis? You could try
to imitate their contract terms, but why bother? Here's how it works:
they get "volunteer" drivers (just like the kind you suggest) who want
to get from point A to point B or somewheres reasonably close, and who
are responsible for their own gas and oil, and any breakage up to a
set deductible. Of course, they check the driver's DMV record amnd
criminal record to make sure he's reasonably safe and responsible.
They ask the driver for a good faith "deposit" when he takes the car,
and the driver gets it back from the car owner when he delivers the
car. It's up to the driver to inspect the car before accepting it,
and to determine that it is safe enough to travel the distance
intended (no bald tires, etc.) and he can of course just walk away
from it if he doesn't like it. But once the driver has given his
deposit, he is committed (and loses his deposit if he changes his mind
and walks away thereafter). The company gives the driver a set number
of days and miles that he can have use of the car to get it to the
destination, barring some problem arising, and requires the driver to
call in daily to the dispatcher and to report any delays, detours,
breakdowns, etc. The time and mileage allowance is generous enough
so that the driver usually won't have to do more than about 8 hours
driving a day to get there, and can go a few miles off the interstate
at intermediate stops without going over the mileage allowance. They
usually prohibit the driver from driving after 9 or 10 pm and before 6
am, AFAIR, to avoid overextending himself and also to stay away from
the most dangerous time to be on the road, especially an unfamiliar
one. The company pays for repairs (flat tire, busted radiator hose,
etc.) that are not due to a wreck caused by the driver and will adjust
the expected day of arrival if there is some problem enroute. They
also usually require the driver to pay for a carwash at the end before
turning it over to the happy owner at the other end, unless it is
raining at the time of delivery.
AFAIK it's lots cheaper, for the owner/shipper, than other means of
transport such as roll-on trucks, since it's not using anyone else's
machinery or paid driver -- the only cost to you as an owner/shipper
is the overhead the company requires to run the business and set up
the "matchmaking" plus a reasonable profit. And they're bonded and
insured, to answer your "what ifs".
I did this routine twice, as a driver, from L.A., Calif to the east
coast (once to Toronto, the other time to Amherst, MA) when I was in
college. I knew a family who took their summer vacation from the
midwest to Alaska doing that. Anyway, why re-invent the wheel and
take all the legal risk upon yourself instead of letting an
established company do it? Unless you want to learn enough of the
ropes to go into that business yourself. And check with your own
insurance company if you do decide to go it alone, against all common
sense -- find out if your insurance will even cover a theft by someone
you voluntarily handed the keys to and gave him permission to drive.
Good luck,
This posting is for discussion purposes, not professional advice.
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I am not your lawyer, and you are not my client in any specific legal
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