Legal Liabilities Of Hiring A Private Personal Driver

[bKkRk]

Hi All -

I'm a long time lurker here and have gotten some great information from the TV forums so hopefully somebody here can offer some sound advice. I couldn't find anything in a search so please direct me if this information already has been posted.

My wife and I are hiring a personal driver to take us to and from work. We are considering a local person with their own car as opposed to the more expensive alternatives - agencies, taxi drivers, etc... My question is what are my legal liabilities and what measures do we need to take to cover ourselves against any potential financial pitfalls? We have a fairly significant household income for LOS and my nightmare scenario is if the driver were to have some accident and the other party would come after us somehow. So besides verifying that the driver/vehicle is sufficiently insured, what else should we do to protect ourselves? Any other useful advice is also greatly welcomed.

[jonniebkk]

I am in your same situation. I have employed a personal driver for a family member for almost 10 years in Thailand. First, hiring someone who had their own car and for the last 5 years, using a car we bought and own ourselves.

In your situation, as you plan to employ someone who already has their own vehicle, you are exposed to little or no legal liability for any personal or property damage that ensues from the operation of this vehicle. The main question is your own protection/insurance coverage for injury caused while a passenger in this vehicle. There is a question as to how "formal" will you make your arrangements with this guy with his own car.

As he is basically hiring out his car as a taxi service/business, it is important to verify that the insurance policy covering this vehicle is a "business use" policy. Basically, it has to have endorsements that it can be hired-out or used as a taxi. That is is a commercial vehicle and not a vehicle exclusively used for personal use. The policy will likely be in Thai and you will have to have it reviewed by some educated Thai person who is comfortable with Thai contract legalese to verify this for you. The alternative would be to take the policy to the issuing agent or company office and verify the same. Also, be sure to verify the policy period is valid and that it is renewed for as long as you use this person as your driver.

As to the question as to the formality of your arrangement. If it is a verbal agreement (probably preffered) then again you have no liability for the actions of the car/driver. If you have a more formal written agreement or contract, make sure it is clear it is clear that you are engaging this person/car as a business providing services to you and that neither the car or the driver is your employee.