Legal Question in Insurance Law in Illinois

Delivery Service

If you subcontract a food delivery company, with no General Liability Insurance, that subcontracts it's drivers can you be liable for any wrecks or anything else?


Asked on 11/23/08, 7:47 pm

2 Answers from Attorneys

Stephanie Galetti Knapp Ohl & Green

Re: Delivery Service

Unfortunatly, insurance law is very complex. The facts that you have given are too vague to offer any level of detailed response. However, generally speaking, yes, there is a possibility you could be liable, particularly if the subcontracting agreements/contracts have language in them requiring that you defend/indemnify, etc. any subcontractors and/or that you supervise their work, make sure they are listed as additional insureds on your policy, etc. I would check your policy of insurance, any policies they MIGHT have, and the contracts between you and the general contractor or owner, as well as you and your subcontractor. You will probably need an attorney to help you with this - it can get very complex.

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Answered on 11/24/08, 10:46 am
Motty Stone Law Offices of Motty Stone

Re: Delivery Service

You are asking two separate questions.

First of all, if you hire a delivery company, and that company hires a driver, then you may be held responsible for the acts of the driver. The extent of this liability depends on what caused the accident, what subcontractor relationships looked like (if they are considered your agents), and what the various contracts may say.

It would not be a bad idea for you to contact a lawyer about this. In general, you are going to have to spend a little money now to protect yourself from the risk of expensive litigation in the future. That money might be spent on insurance, attorneys fees for looking at contracts, and setting up a business entity to protect your personal liability.

If you have any questions, please feel free to give us a call.

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Answered on 11/24/08, 12:34 pm


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