Darn Delivery Driver...

[jayruhm]

I live in Illinois.

I ordered food from a local Rosati's (pizza place).

The driver delivered the food, and hit my closed garage door, damaging it with his car.

We called the store, and they sent the driver back. The driver denied hitting the garage.

I got in touch with the owner of the franchise, and he stated that his drivers are "independent contractors" and he has no responsibility to assist me.

Do I have any chance if I take the owner to small claims court?

I'm hoping that this is the proper forum.... If not, please direct me to the right one.

Thanks!!!

 

[justalayman]

You sue the person that injured you. Based on your description, that would be the deliver driver.

 

[Captain Picard]

I would sue both & let the small claims court figure it out. The pizza place pays them, they are the company's employee. They just lied to you.

At least you got it in 30 min or less.

Maybe you had anchovies on it making the car slide into your door? lol

Really, small claims - both parties. Ask the company for the contact information on the driver.

 

[swalsh411]

How do you intend on proving the driver did it?

 

[sandyclaus]

I live in Illinois.

I ordered food from a local Rosati's (pizza place).

The driver delivered the food, and hit my closed garage door, damaging it with his car.

We called the store, and they sent the driver back. The driver denied hitting the garage.

I got in touch with the owner of the franchise, and he stated that his drivers are "independent contractors" and he has no responsibility to assist me.

Do I have any chance if I take the owner to small claims court?

I'm hoping that this is the proper forum.... If not, please direct me to the right one.

Thanks!!!

How do you know that it was the delivery driver who hit your garage door? Did you see this happen? Is there an independent witness or evidence to corroborate your claim? These will be the kinds of questions that would be asked in the event that you want to pursue your claim. Without such evidence, you will be hard pressed to prove your case and hold anyone liable for the damages to your garage door.

Most delivery services that have drivers use their own vehicles usually require their drivers to have and maintain their own vehicle insurance. That does not necessarily preclude the restaurant owner having some liability here, but it could definitely be a factor.

 

[Captain Picard]

they likely heard it ... see what the op says

 

[jayruhm]

Thanks for all the replies.

Here's an update:

I worked with the police, and they got the guy to admit it. I have that on a report.

I filed a claim with the guys insurance, and it seemed as though it would be covered.... Until they realized he was using the vehicle for deliveries. Now, it will most likely get denied.

I'm hoping someone can tell me with some degree of certainty if the business is liable.

Thanks for all your help!

 

[davidmcbeth3]

Thanks for all the replies.


I'm hoping someone can tell me with some degree of certainty if the business is liable.

Thanks for all your help!

There is someone .. a judge. As I said before, list both as defendants. Its small claims not a murder trial, let the judge sort it out.

 

[tranquility]

"For sure"? Nothing in the law is for sure. However, the business can be held liable (Even if an IC--which I doubt in reality.) if they hired poorly. That's why you include them, you allege they didn't act reasonably when they hired the person.

Sue them both.

 

[LeeHarveyBlotto]

Thanks for all the replies.

Here's an update:

I worked with the police, and they got the guy to admit it. I have that on a report.

I filed a claim with the guys insurance, and it seemed as though it would be covered.... Until they realized he was using the vehicle for deliveries. Now, it will most likely get denied.

I'm hoping someone can tell me with some degree of certainty if the business is liable.

Thanks for all your help!

Absolutely the business has potential liability. As to the owner's claim of the drivers being ICs, there are two possibilities - he's lying or he's lying. It's nonsense, and not particularly relevant.

 

[sandyclaus]

Thanks for all the replies.

Here's an update:

I worked with the police, and they got the guy to admit it. I have that on a report.

I filed a claim with the guys insurance, and it seemed as though it would be covered.... Until they realized he was using the vehicle for deliveries. Now, it will most likely get denied.

I'm hoping someone can tell me with some degree of certainty if the business is liable.

Thanks for all your help!

As I said before, most delivery driver jobs I've seen require the driver to have their own insurance. Of course, I also know that most personal insurance policies specifically exclude damages for accidents when the vehicle is being used during performance of their job.

I don't know how that works exactly. The employer wants to refuse liability by making the employee carry their own insurance, the employee's insurance company won't cover an accident that happened during the performance of their job using the vehicle.

I'd be curious how to make the employer/business responsible here as well.

 

[tranquility]

I'd be curious how to make the employer/business responsible here as well.

1. Driver was a known doofus and had a bad driving record. Company should have checked and knew it was taking a risk.

2. Company policy leading to more accidents. (30 minutes or less, promise of hot pizza, giving employees more locations to deliver to than is safe, etc.)

3. Company's pretense of IC is challenged in court. Since driver is using company computer, uniform, and other resources, can be fired at any time, really can't suffer a "loss" and is paid hourly as well as per pizza and is subject to the rules of the company, they lose the challenge.

 

[LdiJ]

1. Driver was a known doofus and had a bad driving record. Company should have checked and knew it was taking a risk.

2. Company policy leading to more accidents. (30 minutes or less, promise of hot pizza, giving employees more locations to deliver to than is safe, etc.)

3. Company's pretense of IC is challenged in court. Since driver is using company computer, uniform, and other resources, can be fired at any time, really can't suffer a "loss" and is paid hourly as well as per pizza and is subject to the rules of the company, they lose the challenge.

I agree that they would almost certainly lose the challenge, but mileage actually puts some of those people in a loss position. They put a huge number of miles on their cars during busy shifts.

 

[davew128]

I agree that they would almost certainly lose the challenge, but mileage actually puts some of those people in a loss position. They put a huge number of miles on their cars during busy shifts.

and in almost all situations receive compensation of some sort specifically tied into the deliveries they make.

<----delivered pizzas in college and carried a business usage rider on my policy.