Is the pizza hut delivery driver or the company responsible?

Question

Recently my mother and daughter were in a car accident with a pizza hut delivery driver. She is the one found at fault. She was on the clock making a delivery. Well, her insurance states she didn't inform them she would be using her vehicle for work and that they will not cover anything. I said what should I do? I mean my mom and daughter both suffered injuries and had to go into the ER. She said to go to the employer. So, does anyone know if Pizza Hut(AZ) will take the responsibility? I mean they should've checked that this girl had the proper insurance.

Thanks for any response given. We are going to see a lawyer, however, I would like as much information as possible.

Answer 1

The driver is responsible.  The company would only be responsible if they provided the driver with a defective vehicle or gave the driver instructions to drive in an unsafe or illegal manner.

The driver is reponssible for all costs associated with the accident.  If the drivers insurance company will not pay the full cost then the driver is responsible for the balance.

Answer 2

Insurance companies do not like delivery drivers, many wont even cover them, and they HATE delivery drivers who don't tell the company that they do it for a living...  And what was your daughter doing in the car while your mom was at work delivering?  Maybe I missed something, but you're pretty much on your own.

If your mom was at fault, the pizza hut employee owes you nothing, insured or not.  Crappy that a kid was involved...  best of luck to you.

Answer 3

The girl is primarily responsible but the pizza Hut is secondary.  Seems to me if the the girl was an outside contractor, Pizza Hut has a lawful responsibility to ensure that their delivery driver has insurance.  Pizza Hut and their lawyers will fight any lawsuit against them as I'm betting this happens to them every day.   I would have your Mother check with < HER > insurance company.  They are her best and first line of defense.  She can probably use her own collision insurance to pay the damages. Then Her company and all of their lawyers will go after whoever they determine to be responsible.

Answer 4

Sorry this might not be much help. But i know that they check for insurance. So, it would be the girls fault for not have the proper coverage.

Answer 5

Simple:

If your Mom was 'self employed' - Then she is responsible for her own insurance.

If employed by the company - Then she is insured by the Company.

Answer 6

It is surprizing to me that her insurance company would not cover it, unless it was specifically stated that she was not to use the vehicle for delivery use. As far as Pizza Hut goes, all they are required to do is make sure that they have valid insurance (which it sounds like she had at the time)

You should have already put this claim in to YOUR MOM'S insurance company and let them handle the subrogation. If your mom had Liability Only, then she may be on her own for fighting a company like Pizza Hut. Since she was on the clock, they MAY take responsibility. If they do, and try to settle, consider what they are offering. Take a look at how much time and money it will take to bring on a full blown lawsuit with laywers fees and everything. Talk to the District Manager or Owner (if it is a franchise)

Answer 7

Sorry, but that's the way it is.  If you use your own vehicle for commercial purposes, like delivery (newspapers, pizza) and don't inform your insurance company of that fact so they can put you under a commercial policy, and have an accident, insurance won't pay.

No, Pizza Hut is not responsible to hold someones hand and make sure they have proper coverage.

You mom will have to pay for damages out of her pocket.  I don't know what good seeing a lawyer will do, unless somehow he can remove parts of her liability and shift blame to the other vehicle.

Answer 8

Get a good lawyer and take Pizza Hut and the girl to the bank.

Answer 9

Pizza hut is responsible hun and if they don't want to pay for it, get yourself a lawyer sew them and get a lot of money out of them chances are on your side and you will win the case because it was her fault, so get a lawyer and tell them either you pay the dammage or I sew you! LIsten to the guy or girl above me! I know what I am talking bout! Was in a big lawsuit with a company who didn't want to pay, long story made short, took them to the bank and the driver who hit me and became rich! Rich girl! Rich! I say take'em to the bank and while you are there tell them... In God we trust everyone else like Pizza Hut must pay cash!

Love

Pearl

Answer 10

Pizza Hut will not necessarily accept liability for their failure to review their employee's coverage.  However, it is a very good bet that their Commercial Auto Policy covers their employees while driving their vehicles on company time.  Most delivery businesses, provide "all auto" coverage for their employees.   Pizza Hut's insurer will determine if in fact their policy is primary or excess.  You do not have to get involved with that.

I also think you are wasting your money by hiring an attorney.  You should file a claim with Pizza Hut's insurance carrier, and first try to resolve the claim with the adjuster.  If they do not treat your family fairly, then get an attorney.

Answer 11

It depends on the employment structure.  If she is an employee, Pizza Hut is responsible.  If she is a contractor, she is responsible.  Most delivery workers work on a contract basis, but it depends.

Answer 12

This is a very interesting situation.

I would say that the Pizza delivery person is responsible first becuase she is an Independent Contractor for Pizza Hut or who ever is the company.

The company also has a responsibility to ensure that their Independent Contractors have the legally required insurance necessary.

So, she would be the first in the liability line. The company would be second in the liability line.

Usually companies get their Independent Contractors insurance companies to issue their policies showing the hiring company as also listed as an insuree on the policy. The policy also has to meet the state and company's limits on coverage. They also get automatically notified in writing if the policy is voided from failure to pay premiums, or cancelled for other reasons.

The company  also has its own blanket insurance policy that covers all their many independent contractor drivers. Under these circumstances, the drivers policy comes into play first.  After that, the company's policy comes into play.

As explained above, the company must have an operating procedure whereby the driver should offer verifiable proof of sufficient insurance coverage to meet state or company coverage. If a company doesn't do this or simply asks the driver, then they are fully responsible for the drivers actions.

Companies are not legally allowed to hire drivers, their independent contractors, and simply wash their hands as to their responsibility regarding these workers.  They have a legal and moral obligation to ensure their drivers are properly insured and have clean, safe driving records.  

Years ago a large nationally known pizza company was held responsible for injuries in an accident caused by the speeding of one of their drivers.  They had advertised "30 minute deliveries" and the driver was doing his/her best to deliver on time. I believe the courts ruled that this factor was the primary reason the driver was speeding and as such, was held equally responsible for the injuries and property damage caused.

By the way, the insurance that large companies have generally works like this.  A company's premuims are generally based on their safety and accident record. If a major accident occurs in which death, injuries or property damage exceed certain limitations, then this "blanket" coverage kicks in and takes over. Once the dust settles, any payment made to parties injured or estates of those killed is handled. The company's premuims now go up significantly to basically pay back the amount the insurance company had to pay out.  They call it insurance but it's like an open ended loan. That's why responsible companies have such strict criteria in their hiring of independent contractors.  They have to assure themselves that they are properly covered first because after that line of defense is gone, they are next in line.

Answer 13

Both are responsible. [Pizza Hut & the Driver.]

Pizza Hut will throw their lawyers into it, but not for the driver. The driver will be left to fry.

Since it sounds like insurance wasn't taken out for allowing for "working on the road" (unfortunate, if understandable) there may be other civil issues.