• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Rear ender with the pizza delivery guy

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

rweltz

Junior Member
What is the name of your state? Florida,

My family and I we heading home on sunday evening and were rear-ended at a stop light by the pizza guy. He was ticketed at the seen and provided a insurance card that we later found out that was a policy not in force. He the 3 weeks later provided his mothers coverage for the vehical that he was driving and damaged. I was informed by the claims adjustor for that policy that his mother had signed a exemption from driving that vehical. He later gave yet another policy that his wife had that covers him but not under the vehical that he was driving. My wife, youngest daughter and myself sustained whiplash type injuries and are seeing a doctor for this, but I was still driving under my Virginia policy since we had just moved down here. I've used up all my med pay and can't get a strait answer from my insurance, and because FL is a no fault state, I apparently cannot sue unless I or my family has sustained permanent disabilities, which will be sometime until we will be able to make that determination. In the mean time the at fault insurance Co. is low balling the repairs to my vehical. Does anyone know if this is true about the permanent injury? and I'm asumming that I will have to take the guy to small claims court to have my repairs covered. I have also heard that FL dosn't have a diminished value for vehicals, since I was trading my car in then end of the year, I'll probable have to hold on to it now. Can the Pizza place be held for liability if the other insurance co. decline coverage for their at vault driver? Thanks RTW
 


moburkes

Senior Member
His wife's policy may have some coverage under it. It would be 2ndary coverage, since the vehicle that he was driving was not listed.

What company is the at fault insurance company? The company that said that he was excluded from the vehicle? Or another company? That part is confusing.

His employer should have some type of coverage. As a matter of fact, the at fault company may deny coverage (again) because he was using the vehicle for an unauthorized use (delivery). Had they known (remember when the Domino's delivery driver killed a woman years ago, trying to make the delivery in under 30 minutes?) they may have cancelled the policy.

Don't you have uninsured motorist coverage on your insurance policy?
 

seniorjudge

Senior Member
rweltz said:
What is the name of your state? Florida,

My family and I we heading home on sunday evening and were rear-ended at a stop light by the pizza guy. He was ticketed at the seen and provided a insurance card that we later found out that was a policy not in force. He the 3 weeks later provided his mothers coverage for the vehical that he was driving and damaged. I was informed by the claims adjustor for that policy that his mother had signed a exemption from driving that vehical. He later gave yet another policy that his wife had that covers him but not under the vehical that he was driving. My wife, youngest daughter and myself sustained whiplash type injuries and are seeing a doctor for this, but I was still driving under my Virginia policy since we had just moved down here. I've used up all my med pay and can't get a strait answer from my insurance, and because FL is a no fault state, I apparently cannot sue unless I or my family has sustained permanent disabilities, which will be sometime until we will be able to make that determination. In the mean time the at fault insurance Co. is low balling the repairs to my vehical. Does anyone know if this is true about the permanent injury? and I'm asumming that I will have to take the guy to small claims court to have my repairs covered. I have also heard that FL dosn't have a diminished value for vehicals, since I was trading my car in then end of the year, I'll probable have to hold on to it now. Can the Pizza place be held for liability if the other insurance co. decline coverage for their at vault driver? Thanks RTW

Sue the guy and the company.
 

rweltz

Junior Member
Thanks, I think that his mothers coverage may cover the damage to my vehicle. They say that the investigation will take another 30 days to complete. They have already looked at the vehicle, and they are the ones that are low-balling me on repairs. I just today had the other insurance co that the at fault driver had with his wife look at my vehicle today and I should see what they say in a few days. His mother had Mercury Insurance and the at fault driver was excluded from using that vehicle with or with out permission. His other policy is with Workers that his wife has with him under that policy, but not for his mothers vehicle. The Pizza place has Firmans and they know they might have a 3rd party issue or excess coverage. Still haven't found out how much medical coverage I have yet,because of the issue with my policy being a Va policy, but I do have UM with mine. It's just a matter of if this guy is covered and by whom.
 

seniorjudge

Senior Member
rweltz said:
Thanks, I think that his mothers coverage may cover the damage to my vehicle. They say that the investigation will take another 30 days to complete. They have already looked at the vehicle, and they are the ones that are low-balling me on repairs. I just today had the other insurance co that the at fault driver had with his wife look at my vehicle today and I should see what they say in a few days. His mother had Mercury Insurance and the at fault driver was excluded from using that vehicle with or with out permission. His other policy is with Workers that his wife has with him under that policy, but not for his mothers vehicle. The Pizza place has Firmans and they know they might have a 3rd party issue or excess coverage. Still haven't found out how much medical coverage I have yet,because of the issue with my policy being a Va policy, but I do have UM with mine. It's just a matter of if this guy is covered and by whom.
Sue the guy and the company. Tomorrow.
 

rweltz

Junior Member
I'm not yet to the point where I'm ready to sue anyone, I would like to get my car fixed and make sure that our medical bills are paid.
 

moburkes

Senior Member
You can argue with several insurance companies by yourself if you want to- or you can retain an attorney to do it for you. Your choice.
 

rweltz

Junior Member
Florida, I been a little bit of a pain, but I'm almost at the end of their so called investigation to find out who has liability for this accident. I'm feeling I need to wait until this happens and my family and I are fully recover. I do belive time is on my side . Thanks
 

HomeGuru

Senior Member
rweltz said:
Florida, I been a little bit of a pain, but I'm almost at the end of their so called investigation to find out who has liability for this accident. I'm feeling I need to wait until this happens and my family and I are fully recover. I do belive time is on my side . Thanks

**A: will you accept free pizza for a year as settlement of all claims?
 

rweltz

Junior Member
Pizza Guy Update

Name of state FL. Just a quick update. The drivers parents insurance company finally called to settle the day I was to be in Small Claims court. The good news is they are setteling for the propety damage, all my court costs, and suprisingly my diminished value claim. I guess you have to make them think you are not joking around. This could have been easy. They would have save about $250 in court costs for a $1300.00 claim.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top