Can a company be liable if a pizza delivery driver gets into an accident while working and has no insurance?

Business 5 views 4 answers
I was in an accident with a pizza driver who did not have his vehicle insured, but he did have a dash cam. I was found by the insurance co. to be 80% at fault, him 20% at fault. I was cited at the scene for failure to yield. He claimed to be insured at the time but in the investigation was found to not have coverage. He also stated to me he had been in 8 accidents in the last year. Do I have grounds for a lawsuit against the pizza company for damages done to my car? It's illegal to drive in AK w/o insurance and he was working at the time... Can you give me any advice?

Attorney Answers

4
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
The allocation of fault by an insurance company means nothing, as they are not a court of law, but turn it over to your employer's insurance carrier to resolve.
0 upvotes
Lloyd Pont ·
Perhaps. The allocation of fault by the insurance company is irrelevant as is the ticket. Consult with a good attorney in your area and discuss this in more detail.
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Eugene Lane ·
Generally, employers are responsible for the acts of their employees committed within the scope of their employment. As such, there is likely some recourse against the pizza company. You would need to consult a lawyer in your state to confirm. As others mentioned, the liability given by the insurance company doesn't mean anything, but it is probably an indication that you are at least partially at fault. The pizza companies insurance company is likely going to deny your claim based on the fact that you got the ticket, and you would have to take the to court to get them to pay. If you were not injured and the value of the vehicle damage was not significant, it might be cost prohibitive to pursue.
0 upvotes
Zane Cagle ·
The insurance allocation of fault is not the final word as it is not a court of law. I would suggest that you contact an Alaska attorney and give all of the details to them. As well, you will need to contact your insurance company.
0 upvotes

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