Legal Question in Business Law in Minnesota

I am in the process of starting a designated driver service (where someone calls the if they've had too much to drink and we drive them and their car home). A lot of liability questions have come to mind, such as:

-Is it legal to drive someone else's car?;

-Can I assume the driver's insurance while in their vehicle or will I need to be bonded, etc.?

-Is signing a waiver while drunk still binding? Same question for payment?

Any help/feedback would be greatly appreciated. Thank you.


Asked on 5/17/11, 3:02 pm

1 Answer from Attorneys

My responses are general in nature, and additional info and research is needed. You really need to have an attorney and insurance representative look over everything. Merely relying on a quick online response is not going to protect you in the long run. In addition, you are probably going to have to comply with various state regulations and city ordinances.

First, it is legal to drive someone else's car with his permission.

Second, you should discuss potential liability with your business's insurance company. You are going to need insurance, and you carrier would have a good idea how to structure it.

Third, intoxication may be an affirmative defense to the validity of a contract. At first blush, however, I would not worry about this too much. I am guessing your are going to collect your fee at drop off. Cops have individuals under the influence sign paperwork every night.

It sounds like a great idea!

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Answered on 5/24/11, 5:38 pm


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