Pizza Driver with no Insurance. Who should pay?

What is the name of your state?What is the name of your state?nc

Hi,

Few weeks ago, a pizza delivery driver (with the pizza company's logo on the top of his car) run a stop sign and struck me. I was riding with 2 other people and we were all injured & the car was totalled. The driver gave police a fake insurance info and police issued him ticket for the accident. I called DMV and they said he does not have any insurance. Is the pizza company responsible for this accident b/c the driver was on duty during the accident? I do not have collision, so my insurance company said they will not pay anything. any suggestions? thanks!

pete2k5 said:

What is the name of your state?What is the name of your state?nc

Hi,

Few weeks ago, a pizza delivery driver (with the pizza company's logo on the top of his car) run a stop sign and struck me. I was riding with 2 other people and we were all injured & the car was totalled. The driver gave police a fake insurance info and police issued him ticket for the accident. I called DMV and they said he does not have any insurance. Is the pizza company responsible for this accident b/c the driver was on duty during the accident? I do not have collision, so my insurance company said they will not pay anything. any suggestions? thanks!

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My response:

Have you made a claim with the insurance company of the pizza place?

IAAL

well I contacted the pizza company and the owner wasn't happy to see me. he said that it's the driver's responsibility and he doesn't want to give me his insurance information. It's a local pizza company and didn't know what else to do.....

pete2k5 said:

well I contacted the pizza company and the owner wasn't happy to see me. he said that it's the driver's responsibility and he doesn't want to give me his insurance information. It's a local pizza company and didn't know what else to do.....

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My response:

Then, your only option is to hire a personal injury attorney to sue both the company and the driver for your injuries and property damages.

IAAL

Do I have a good chance of winning this case? I believe the pizza company should verify whether their drivers are insured. I'm going to speak with an attorney and make them pay. thanks for the input.

You have an excellent chance of winning this case, though whether the pizza company will pay or the driver will pay is up to the court to decide.

If the driver is ordered to pay, you may have a tough time collecting since a pizza delivery driver that doesn't have money for insurance is unlikely to have money to pay you.

teflon_jones said:

You have an excellent chance of winning this case, though whether the pizza company will pay or the driver will pay is up to the court to decide.

If the driver is ordered to pay, you may have a tough time collecting since a pizza delivery driver that doesn't have money for insurance is unlikely to have money to pay you.

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The pizza company is liable because the driver was delivering for them. I would go after both, but your chances of collecting from the pizza company's insurance are much higher. They should be carrying non-owned auto liabilty insurance. This insurance covers companies whose employees get into automobile accidents while on company business. Most standard insurance companies do not offer this coverage to pizza delivery shops, so they usually have to get the coverage through a state assigned risk pool. None of this is really important to you - that's the pizza company's problem, but you should know how it works.

Once you file a suit against the pizza company, if they have insurance they will refer the matter to their insurance carrier. If they don't, then you're going to have to be paid by them, assuming you win (which you should).

Good luck.

And what if the delivery guy was an independant contractor?


I say just settle for a large pie with all the toppings and call it a day.

InsuranceLadyAZ said:

I would go after both, but your chances of collecting from the pizza company's insurance are much higher. They should be carrying non-owned auto liabilty insurance............

Once you file a suit against the pizza company, if they have insurance they will refer the matter to their insurance carrier. If they don't, then you're going to have to be paid by them, assuming you win (which you should).

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This is why I didn't get specific. The OP should simply file against the pizza shop and their driver, and let the judge decide who should pay. Whether the pizza shop has insurance doesn't really matter.