I was hit by a Dominoe's delivery driver. She was in the wrong for not yeilding to ongoing traffic while on her way to deliver pizza. She was written four tickets while we recieved none. It was discovered that she didin't have any insurance. Is Dominoe's liable in any way for having an uninsured motorist driving on the clock deliveing pizza. I really don't know what questions to ask. I just can't afford to come out pennyless because I don't know the fine print. The answers to my questions and any pertinent advice or resources to more would be greatly apprecaited.
2 Answers from Attorneys
This is a "course and scope" issue. If the driver was in fact delivering pizzas at the time she hit you, then the answer is probably 'yes', Dominoes is liable under the course and scope argument. However, if she was traveling to or from work, then the liability is less likely, but not impossible.
We just settled a case where the employee was going to work and the trail court denied summary judgment for the employer, and we won at the First Circuit as well.
This is a fairly complicated legal issue and you should consult with an attorney that knows this area of the law. Our firm, as do most others, will take this kind of case on a contingency, which is we will fund the expenses and take all the risk, and we only get paid if we get you a settlement or award at trial.
I would be happy to sit down with you if you are anywhere near my firm an dtalk to you about this issue. Either way, good luck to you, I hope this works out in the end for your benifit.
The question of liabilty and insurance are two differenct questions. The question of liability of Dominos for the driver does depend on whether the driver was an employee and in the course and scope of that employment at the time of the accident.
The insurance issue you asked about is whether Dominos is liable for an uninsured driver it hires to deliver pizza. I read this question to really be whether Domino's insurance covers the drivers of its contract vehicles. We would need to get Domino's policy.
Also, if the pizza deliver driver was uninsured, you also then need to know whether you carried uninsured motorist coverage on your vehicle's policy or your own personal policy. Determining the available insurance is one of the things we do in handling this type of case.
You really need to speak with an attorney who handles these types of automobile accident cases and is family with the liability and insurance issues. The previous writer seems to be knowlegeable in this area. We also handle these cases on a regular basis and would be happy to give you a free consultation at any time. Please call Peirce Hammond at 504-299-3458 if you would like to discuss this matter further.