I was stopped at a traffic light and rear-ended by a pizza delivery man who was on the clock making a delivery, is his employer responsible for his drving accident?
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I was stopped at a traffic light and rear-ended by a pizza delivery man who was on the clock making a delivery, is his employer responsible for his drving accident?
I was stopped at a traffic light and I was rear-ended by a pizza delivery kid. He never hit his brakes before he hit me which makes me think that he was texting.
Asked on June 16, 2017 under Accident Law, North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The employer is liable for the negligence of an employee which occurred during the course and scope of employment. You should file your property damage claim (cost of repairs to your vehicle) with the employer's insurance company. If the claim is denied or if the settlement offers are unacceptable, file a lawsuit for negligence against the employer and also name the driver as a defendant in your lawsuit. Depending on the amount of property damage to your vehicle, you may be able to file your lawsuit in small claims court. If you prevail in the case, you can also be compensated for court costs such as the court filing fee and process server fee.
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