Most people only look to the other driver’s personal insurance after a bad car accident. However, if that driver was working during the crash, their employer may be legally responsible. A recent case that came through our office shows why finding the correct responsible party matters.
A Domino’s delivery driver pulled out from a stop sign and slammed into our client’s car at a Louisville intersection. The impact pushed our client’s vehicle into a utility pole. Both cars required a tow truck. The driver who caused the crash was actively delivering pizza for a Domino’s franchise. Our client required emergency treatment, diagnostic imaging, and months of follow-up medical care.
The Delivery Driver Insurance Trap
Delivery driver’s personal auto insurance policies typically have a “commercial use exclusion.” This means their insurance company will deny coverage if the driver is delivering food or or using apps such as Uber when the crash occurred.
For those injured in the wreck, there was immediate confusion. Many delivery drivers use unmarked personal vehicles. Even a pizza topper with a company logo could go flying off in the event of a car crash. To win this case for our client we looked past the individual driver.
As soon as we understood that the at-fault party was operating as a delivery driver we had our strategy. We targeted the franchise corporation that operated the Domino’s location employing the at-fault driver. Under a legal principle called vicarious liability, an employer is responsible for accidents caused by employees on the clock.
How to Bring The Franchise a Claim In Thirty Minutes or Less
Getting a franchise company to pay requires specific legal steps. We didn’t rely on the driver’s word or his exchanged info. First we used the police report and corporate records to identify the specific franchise entity operating the driver’s store.
After this we quickly demanded their corporate records. This was achieved by having the company confirm the driver’s log-in times and delivery schedules for the afternoon of the accident. Then we triggered their commercial coverage. Bypassing the driver’s useless personal insurance allowed us to file directly against the franchisee’s commercial policy. This move gave us the leverage needed against their major commercial insurance policy.
A Five Star Settlement
From there we were able to achieve a strong settlement from the at-fault party’s commercial insurance. The franchise operator paid for our client’s medical care, bills, pain, and suffering.
If a delivery driver hits you in the Louisville or Southern Indiana area, the person behind the wheel is not your only option. Identifying the business that sent the driver onto the road can save your financial recovery.
Call Louisville Law Help for a free consultation. You owe us nothing unless we recover money for you.
Feel free to call us at 502-771-0588 or email aaronkemper@lawhelplouisville.com.