What to do if I was working for pizza chain as a driver but was never told that I needed special insurance for delivering?

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What to do if I was working for pizza chain as a driver but was never told that I needed special insurance for delivering?

When I signed up over the phone with my insurer they never asked me what my employment was. I was in an accident in bad weather going to a customer and hit a culvert. My employer claims that fixing my car isn’t its problem and my insurer has refused to do anything because I was using it for business with only personal insurance. Am I being screwed by both or do I have a case? If so, against who?

Asked on August 8, 2013 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, based on what you write, you are NOT being screwed by either:

1) Your employer has no legal obligation to pay to fix your personal car, even if you damaged it while driving for work, unless they had promised in advance to do so and that was the only reason you agreed to use your personal car. (And even then--you'd have to be able to prove the existence and terms of the promise.)

2) The insurer does not have to pay if you were using your personal car for business, if you failed to tell  them you were doing so (and pay whatever additional premium they required), because you did not, in this case, honor your own obligations to honestly and fully disclose the use of the car and purchase the correct insurance.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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