Community Forums

Craig1960 · 04-28-2022, 09:02 AM

I have a friend who bought a Jayco Seneca and asked me if I could go pick it up for him. I have the time and he's paying all expenses of course. It's going to be a 4 day trip back with it and my concern is what if something were to happen as in an accident god forbid.
It will be insured of course but because he owns a dealership I will be using their dealer plate and insurance to bring it back. Am I looking for trouble by doing this if something did happen? I will not be getting paid to do this. Anyone ever do this and have some advice on it?

dizcom · 04-28-2022, 09:29 AM

You're going to have possession and control over the vehicle, so there are some legal ramifications for you. You'd be acting as agent or employee of your friends since you're doing this under the auspices of his business, using his plate, etc. You also need a CDL. You can try to split hairs and say that since you aren't getting paid, you don't need one, but it's unlikely that would fly if you were pulled over or had an accident. It looks like a duck, walks like a duck...
Your friend probably wants to hire a professional to do this. They'll have all the licensing, insurance, bonding, etc., to do the move legally without putting your friendship in jeopardy. If nothing goes wrong, then nothing goes wrong. But if something goes wrong, there could be wrangling over who pays for what and that can get contentious really quickly. Once you engage in helping your friend, you have a duty to do it without negligence. That's a messy place to be when something goes wrong and you may find yourself defending your actions in court. I'd pass.

Gary RVRoamer · 04-28-2022, 09:43 AM

I can't say dizcom is wrong, but it's sort of a worst-case view. Presumably you can establish (in court if need be) that the motorhome is the friends private property and you are doing him a favor rather than work for hire. There would probably be no legal requirement for a CDL in that case. Your friend has a potential problem with his insurance companies rules for the dealer plate, but that probably doesn't affect you. Also, you probably have "drive other vehicle" privileges in your own liability insurance that would ultimately protect you personally if involved in an accident and there was driver fault involved. But YES, it could get messy if things go really sour.

Alan_Hepburn · 04-28-2022, 10:02 AM

Quote:

Originally Posted by Craig1960

...I have the time and he's paying all expenses of course....

...I will not be getting paid to do this.

If he's paying expenses then you ARE getting paid for the job.

jondrew55 · 04-28-2022, 10:05 AM

I'd say you are fine, but I'd check with my insurance company first. Even though your friend has insurance on the coach, this kind of sounds like a commercial arrangement since he owns a dealership. Even if you are not getting paid. Make sure your personal insurance will cover you. I'm assuming he's buying this coach to sell and not for his personal use?

wrvond · 04-28-2022, 10:21 AM

If the plate says "Dealer" on it I'd say it gets treated the same way as any other vehicle on the lot. When a customer and salesperson take a vehicle on a test drive neither is required to have a CDL. However, if the plate says "Transporter" on it, you better have a CDL, log book and DOT placards.

Craig1960 · 04-28-2022, 11:03 AM

Thanks guys, pretty much how I'm seeing as well. It is a dealer plate for sure and he is buying it for his personal use and not for the lot. But I don't know if the company will be on the title or his name, guess I should check that.
I think his plan is use the dealer plate and insurance to get it home and then register it as his but that doesn't really help me. I think I need to think about this a bit more.

dizcom · 04-28-2022, 11:11 AM

Quote:

Originally Posted by Craig1960

Thanks guys, pretty much how I'm seeing as well. It is a dealer plate for sure and he is buying it for his personal use and not for the lot. But I don't know if the company will be on the title or his name, guess I should check that.
I think his plan is use the dealer plate and insurance to get it home and then register it as his but that doesn't really help me. I think I need to think about this a bit more.

Read up on those dealer plates, who can use them, and for what. It varies state to state. In my state, what you're planning to do would be unlawful.

202235f · 04-28-2022, 11:26 AM

It's a shame that someone can't do a favor for a friend without seeking legal counsel.

ajsfla · 04-28-2022, 11:32 AM

Dealer plates are insured under the dealership garage insurance policy. Garage insurance cover everything of dealership. I would think he bought this with his company name which would show on the bill of sale for the Seneca. Most states require a copy of the insurance card to be attached to the back of the dealer plate so that is a easy check on your part. you would need a copy of Bill of Sale to pick up the Seneca so that should show if dealership is buyer or not.

Since he is using a Dealer tag you NEED TO BE LISTED as a driver no matter what kind of compensation you are getting. Since you would be listed driver you are covered by the garage policy.

US1 · 04-28-2022, 12:11 PM

Have him hire you as an employee

rffowler55 · 04-28-2022, 12:51 PM

Quote:

Originally Posted by Craig1960

I have a friend who bought a Jayco Seneca and asked me if I could go pick it up for him. I have the time and he's paying all expenses of course. It's going to be a 4 day trip back with it and my concern is what if something were to happen as in an accident god forbid.
It will be insured of course but because he owns a dealership I will be using their dealer plate and insurance to bring it back. Am I looking for trouble by doing this if something did happen? I will not be getting paid to do this. Anyone ever do this and have some advice on it?

Having previously owned an insurance agency representing multiple national carriers I would want confirmation that your friend's insurance, for his dealership, would actually transfer to an RV purchase that potentially has no direct correlation to the dealership. The last thing you want to happen is for you to be driving the RV and, be at fault in a major accident, to find out at that moment that the insurance carrier you thought was providing you coverage is denying the claim since their policy does not apply to private purchases outside of the activities being covered under the agreed upon insurance policy provisions.

If your friend had a private stand alone RV policy that did not exclude temporary drivers then your risk would be nominal but based on the facts you describe, not something I would entertain.

Sweetbriar · 04-28-2022, 01:22 PM

I would leave the dealer plates at home and make the trip using the bill of sale AND a notarized letter authorizing you to drive the vehicle from point A to point B by the buyer who's name should be on the BOS and title. Very common practice for used vehicles, even with local purchases when plates do not stay with the vehicle. Allowances are made to give you a few days to get to the DMV and complete the admin side of buying.

Regarding accident liability you could get additional personal liability insurance coverage - https://www.investopedia.com/article...ance-works.asp

For a CDL potential need I'm not really sure but there are certain exemptions regarding RV delivery - https://www.govinfo.gov/content/pkg/...2015-07811.pdf

Have you consider what to do incase of a break down?

Kid Gloves · 04-28-2022, 01:52 PM

Quote:

Originally Posted by Alan_Hepburn

If he's paying expenses then you ARE getting paid for the job.

So, when my buddy paid for my travel expenses to go with him to help deal with his deceased fathers belongings, should I have considered that some form of payment and reported it as income? That’s a tough way to earn money, since the net is zero.