It has been called to my attention by a cab owner that the article I wrote for the UTCC Voice might lead to trouble for someone who sues for damage to a cab he doesn't own. And the criticism is entirely right.

If an owner-operator has his cab owned by a corporation, the corporation has to have an attorney represent it under Illinois law. The owner-operator can only file himself if he is unincorporated. This law can trip up a guy who certainly has a right to his damages, but the cab is not owned by him - rather it is owned by his corporation.

The driver for a corporation is not in a position to assert the right to sue for the damage to the vehicle owned by the corporation in his own name UNLESS the corporation assigns the right to sue to him. Not many owners' corporations are going to be willing to make that kind of assignment.

Sucks, I know. But that owner called me down, and I have to say he was right. I was wrong.

Donald Nathan

BY THE WAY. Small Claims Court can still be used for personal injuries without a lawyer. If a driver has a small case that involves a single trip to the emergency room and maybe a couple of days out of work, no lawyer is going to want to get involved in representing him or her. Fair damages can be collected as outlined in the article without having to pay a lawyer.