Visitor Question

Slid on ice, crashed and injured while delivering pizzas…

Submitted By: Anonymous (New Jersey)

Last winter while working as a delivery driver for a major pizza chain my vehicle slid on some ice and went off the road into a commercial parking lot belonging to a local business. I collided with a parked snow plow and suffered a concussion. I denied the ambulance ride and my wife insisted we go to the emergency room.

Between the ambulance just coming to the scene, the ER visit and the CT scan of my head and neck, the bill was close to $8,000. I had notified my employer as soon as it happened and given them the medical bill, which they said was too much for them to pay.

I don’t think I’m too far out of line for figuring they would be liable for at least the majority of the medical bill as I was on the clock at the time. The car accident was covered under my own car insurance. Who’s liable here? What are my options? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

The pizza delivery insurance process is not so easily defined. There are two basic types of car insurance available to pizza franchise owners and those persons who deliver pizzas for them…

If the driver is using a company-owned vehicle to deliver pizzas and is involved in an accident, the company will normally be responsible for the driver’s injuries and resulting medical costs. These costs would be paid under the employer’s workers compensation insurance policy.

However, this presumes the driver was driving to and from deliveries without detouring for personal reasons. In the event a delivery driver veers from the appointed course, and is injured in a car accident, the company may not be responsible for the driver’s injuries.

This also applies if, at the time if the delivery or when returning from a delivery, the driver is involved in a criminal action, such as driving under the influence, possession of drugs, or another criminal action.

If a delivery driver is driving his or her own car and is involved in a car accident, the driver’s property damage and liability insurance company should pay for damage and/or personal injury costs sustained by the driver or passenger involved in the accident.

Learn more here: Car Accidents at Work

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim.

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