Lawyer Types, Car Club Question

Started by msuguydon, October 24, 2007, 07:01:10 PM

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msuguydon

Any Lawyers out there, if so, I have a question for you.  

I posted about forming a non-club car club.  A couple of you mentioned potential liability issues.... How I hate our litigious society!  :x

At what point do we become a club?  Do we have to have rules, by laws, roster, charge money?  What action makes it a club.  If we become a club are we liable for injury etc,, at all club functions?

If you want to stay private, please PM me.  

Thanks
Would plastic be okay for you today?

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mopar2dr

The NSRA used to have a one or two page booklet on how to form a car club. I don't know if they still print 'em or not.
I got lost in thought, it was unfamiliar territory!

1FATGMC

Quote from: "msuguydon"Any Lawyers out there, if so, I have a question for you.  

I posted about forming a non-club car club.  A couple of you mentioned potential liability issues.... How I hate our litigious society!  :x

At what point do we become a club?  Do we have to have rules, by laws, roster, charge money?  What action makes it a club.  If we become a club are we liable for injury etc,, at all club functions?

If you want to stay private, please PM me.  

Thanks

I think as soon as you use the name "club" in conjunction with those of you who want to meet you are in possible trouble.

I was in the beginning states when we started a club in Wyoming.  A state senator was a member and he had his lawyer wife come talk to us.  She said if you have any organize (planned) meeting or event you can end up potentially being liable from the time the "club" members leave their house till they return.  The example she gave was you have a meeting in a predetermined location.  The meeting breaks up and some members decide to go to the bar (in a lawyer's eyes the meeting has now just shifted to a new locarion).  After the bar one member is in an accident.  The member gets sued, but has nothing to sue for.  The person suing can then come after other club members who might have something, since this came about in conjunction with a club event.  Of course they might not win, but it could cost you a lot to defend yourself.  She said to never, never have any alcohol associated with any club function (before, during, after).  Once there is alcohol the door is wide open for a lawyer to step in.

Should you worry about this, probably not, but she claimed it is a possibility.  If you want to have a non-club what is the point in worrying about this, just call each other up and meet as friends and don't ever claim that what you are doing is anything other than friends enjoying one an other's company.  So don't form anything.

If you do I would look into some insurance that is greater that the wealthiest member's assets.  That is what you do if you have a business, get insurance that is greater than what you are worth by a little since all that they could get is what you are worth.


While we are on the subject I'm always amused by the fact that if you polled the people on this board I'll bet they all would say they hate lawyers, except if they are one.  Yet if someone on the board has a problem of some sort the first thing that is usually posted is get a lawyer  :roll: .

c ya,

Sum

n.c.rodder

Quote from: "mopar2dr"The NSRA used to have a one or two page booklet on how to form a car club. I don't know if they still print 'em or not.

They are still available. If your interested, PM me your address and I'll mail it out to you.

Mike
Till we meet - On the street