Who's responsible legally?


Shift Manager
Posts: 118
Joined: Sat Aug 27, 2011 11:41 pm
Location: Ohio
User Type:
Pizza Delivery Driver
Car you drive:
91 toyota celica
90 toyota 4x4
PostPosted: Fri Nov 18, 2011 1:27 pm
I was told by my insurance that the Company should be resposible if I am in a at fault or not a fault accident during work if my insurance or the other insurance doesn't pay.

Here's something odd. Say you are driving a company owned vehicle. Theres nails in the road causing you to get a flat tire and you end up crashing and totalling the vehicle. Now in this case the company takes the loss and pays for the damage, correct?
Now if your in your personal vehicle, you just take the loss of the vehicle? And in most cases you cannot work either.

I have to wonder this, since I have had things like this happen, and no one seemed to be resposible but me. When i fell on ice that was my fault too somehow...

If we were all in company vehicles, it would be obvious who would pay. Should it change because we are in personal vehicles?
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Master Driver
Posts: 6999
Joined: Sun Oct 18, 2009 10:40 pm
Location: Chesapeake, VA
Where do you work?:
Papa John's franchise
User Type:
Pizza Delivery Driver
Car you drive:
2010 Ford Fusion
PostPosted: Sat Nov 19, 2011 1:09 am
If you are driving your own car, only one company insures it: Your own insurance. The store has no liability for damage caused to your vehicle unless they or another employee caused that damage. If you cause an accident while on the clock in your own car, the people you hit can sue both you AND the company you work for.

Most delivery shops have something called 'non-owned auto insurance'. That insurance covers the store if they are sued by someone you hit with your car. I does not cover you or your car.

Read more about Car insurance.

If you are injured at work, even if it is your own fault, then you are covered by Workman's Comp.
"If you ain't on the road, you ain't makin' money!" - gregster

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n00b
Posts: 1
Joined: Thu Jan 22, 2015 5:20 pm
Location: Houston
Where do you work?:
Indy
User Type:
Other
Car you drive:
Truck
PostPosted: Thu Jan 22, 2015 5:25 pm
You need to take a close look at your insurance policy to make sure that is not a commercial enterprise or work exclusion. 

n00b
Posts: 1
Joined: Sat Mar 19, 2016 11:16 pm

Where do you work?:
Parent of previous driver
User Type:
Other
Car you drive:
Compact
PostPosted: Sun Mar 20, 2016 12:22 am
So my daughter was a driver was in an accident and our insurance has denied our claim saying she was working and therefore the store needs to cover it because commercial insurance is required while driving on company time. Anyone exerperienced this? Any attorney referrals? Any help at all? We are in central Texas Just outside of Austin.

Closing Driver
Posts: 536
Joined: Mon Jun 02, 2014 1:41 pm

Where do you work?:
Papa John's
User Type:
Pizza Delivery Driver
Car you drive:
Toyota Camry
PostPosted: Wed Mar 23, 2016 4:05 pm
CLS, check your policy carefully. If there is nothing that explicity forbids a personal vehicle being used for business purposes, or something along the lines of transporting goods for pay (thats how it's worded in my policy), then you should be covered. Moreover, it would be simple for you to call the adjuster or customer service and have them point out to you where exactly in your policy it states that they would not cover you in this situation. If they cannot show you that, then it seems to me they should cover you.

Keep in mind the main thing though: no matter what the agent TELLS you, your POLICY wording is what matters and will hold up in court...so if they tell you oh don't worry, but your policy says otherwise, you are screwed.

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