Pizza Delivery Accident Insurance Law?

by admin on January 17, 2011

Hi, my car recently rolled in to a third parties garage that I was delivering to while I was on the clock causing roughly 750-1,100 dollars in damage. There was no injuries to anyone or any damage to my car except some scrapes. I made the mistake of filing a claim without any knowledge that I was not covered due to my work. I live in Pensacola, Florida with basic personal insurance. I’ve read a few places about case laws that actually make the clause in the insurance policy towards pizza delivery not be covered obsolete. My insurance company is going to deny the claim and drop me. Is there any case law like that for Florida? What can I do? I know about that Respodeat Superior law and that I can apply that to my employer. Please help.

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    { 6 comments… read them below or add one }

    oklatom January 17, 2011 at 6:25 pm

    If you use your personal vehicle for commercial purposes, you are required to have commercial coverage.

    Chances are when you signed your original policy, you agreed it was not for commercial purposes, and that you notify them of any changes which would affect your coverage.

    Since you didn’t, they are right to not cover your losses and to drop you as a customer.

    Respondeat superior only applies if you were NOT an independent contractor, but were doing specific acts as an employee, which will be difficult to prove. Even if you do, your employer had no legal obligation to remind you of the need for adequate and correct coverage to deliver his pizza.

    florissant January 17, 2011 at 6:25 pm

    You need to write your auto insurance for future use as business use. This will allow you to deliver pizza’s in your vehicle.

    Scott H January 17, 2011 at 6:25 pm

    What you have here is a personal vehicle covered under personal auto insurance being used commercially. Commercial vehicles are higher risk because theoretically, they spend more time being driven and would have a higher likelihood of claims. Read your policy, it probably states that business/commercial activities are specifically excluded from coverage. If it states it in the policy, you don’t have a prayer.

    Eofij I January 17, 2011 at 6:25 pm

    Most likely you have failed to inform your insurance company that you use your vehicle for work purposes. It is the first thing they ask you when you get auto insurance , the intended use of the car on the policy. If you failed to disclose that you use your car for delivery purposes and just put personal use your claim will be denied. If your insurance denies the claim the people who own the garage are going to sue you and your employer for the damages caused to their property. Basically you are still going to be responsible for the damages. Who pays is a different story , most likely your employer and then he can sue you for the amount.

    ken k January 17, 2011 at 6:25 pm

    i dont know about you but the cat is out of the bag now/i would not have mentioned that i was working/my auto policy excludes using my car for business and im sure yours does/better get a better look at the damage and get a guy to give an estimate/also check if you have homeowners it may have a clause and his homeowners will cover his damages/start working

    William January 17, 2011 at 6:25 pm

    Try to deal it out of pocket, otherwise insurance rates will go up much more. You can check how quotes will change here – autoinsurance.bebto.com

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