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Dozer | Which insurance is responsible the drivers insurance or Pizza Hut's? |
Last Sunday I was hit, and my car totaled, by a Pizza Hut delivery driver. His personal insurance told me that because he was on the clock he is not covered. So that falls back to my insurance, but I don't think I should have to pay my deductible just because some kid ran a stop sign. I'd like to find out if he is insured by Pizza Hut while on the job. |
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Wendy S
 |
The other posters are indeed correct - Pizza Hut's insurance will not cover their drivers' liability.
I've never agreed with this, though. It seems to me that the victim never entered into an agreement with Pizza Hut to hold them harmless for their drivers' deeds, and therefore should be responsible for the damage. At the very least they should require proof of coverage before they allow someone to drive for them, don't you think?
I'd love to see a class action lawsuit about this.
Nevertheless you will have to go through your own insurance and your insurer will subrogate (go after) against the driver for your deductible. You can also sue in small claims court, but you can only recover your deductible once.
Sorry! Best of luck! |
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wiser
|
From my knowledge, Pizza Hut does not cover their drivers for liability.
Your insurance co should be doing this work for you (answering your questions, etc..) as that's what you pay a premium for. For example they should be pursuing the case. If they have already been denied payment from the other drivers insurance they can always pursue subrogation. In this case,they would pay out the claim under your policy, and yes you would initially pay the deductible They would then turn around and "subrogate" (go after the other driver personally) and attempt to recoup the money paid out, including your deductible.. |
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Lee N
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This is not legal advice. That disclaimer aside this is my recommendation: Only one state is no fault for PD and that is Michigan. In that unusual state you are likely forced to go to your own coverage and/or collect "mini tort" ($500 max). If you don't have collision, it really sucks if you get hit by an at fault party so you really need comp/collision in that state IMHO.
Other than that, if you were not at fault, the driver and/or his employer (if he was in course and scope, which it appears he was) would probably be legally liable. Coverage and liabillity are not the same. His carrier denied coverage due to a business exclusion. Pizza Hut probably carries an auto policy (with symbol 1 or 2 for autos which would cover the driver) or general liability with a non-owned auto coverage. If they don't, they are likely still vicariously liable for his conduct (agency or respondeat superior).
You have the option of going through your own insurance first and asking them to subrogate (collect) for the damage amount, and your deductible. This is faster and easier for you but will put a claim on your record. If you want to try them out first directly, get a copy of the police report and send it to the Pizza Hut management if the location is known (the driver may tell you if he is afraid of being sued personally).
Good luck.
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mitch9262002
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The previous answers are all correct. ALL insurance policies carry a disclaimer that if a vehicle is used in any kind of delivery, flowers, papers, food, or people, any claims relating to that are NOT covered. The kid would have needed a business auto policy.
Now for your problem: You can file the claim against your policy, advising them the person that hit you was denied based on operation of vehicle for business use. Make sure that the company pays you the book value under the Uninsured/underinsured part of your policy. This will force them to subrogate (go after with force) against the other driver and if necessary, sue the other insurance company. This way, you should get your money for the car right away and your company will be the one involced in litigation.
Hope this helps. MAKE SURE THAT IT IS PAID UNDER UM/UMPD COVERAGE. That is very important. I have seen countless people wind up being charged for accidents on their driving records and comprehensive driving reports for improperly reported claims. |
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mbrcatz
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Nope. The Pizza Hut policy only cover's Pizza Hut. They specifically don't provide liability coverage to their employees. The kids' car policy is absolutely primary, and yes, most people who deliver pizzas, deliver in their personal auto - and their personal auto policy has an exclusion on it, for business purposes (aka, deliveries).
You can always sue the kid directly, and you'll probably win. But 1. that doesn't mean he'll PAY you and 2. it's going to take a while, to wind through the court system.
Bottom line - if you collect under your policy and pay your deductible, your insurance company will sue the kid for you, and try to get your deductible back. THAT is your best option. |
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Gambit
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Many of the responses here are incorrect. Pizza Hut can be held liable as the damages you suffered were committed by an employee while in the performance of their duties. This is why there is a coverage called 'Non-Owned Automobile' coverage which should form part of ANY commercial liability policy. This endorsement to a commercial general liability policy covers a business for property damage or bodily injury, which the business is legally liable for, caused by the use or operation of any automobile not owned, in whole or in part, by the business. This endorsement is necessary because liability from the use or operation of a vehicle is excluded under a commercial general liability policy, however an employer is still liable for the actions of their employees while in the performance of their duties (including from using their personal automobile), hence the reason this endorsement was created.
The owner of the vehicle may not have declared that he was using the vehicle for delivery purposes to his vehicle insurer, hence why they are denying the claim. However Pizza Hut, as the employer, is not relieved of their potential liability. |
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beaver
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he is not insured by pizza hut he feld to tell his insurances that he was a pizza driver you must sue him to get the money |
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