My daughter worked for Papa Johns, She was in a car accident while driving for them delivering pizza. The car was totaled, she was covered with our insurance Geico, but they will not pay, they state that in the collision coverage clause is a null and void if accident happened in capacity of delivering food for an employer. And that Papa Johns is responsible to provide coverage based on state law. We spoke to the owner of Papa Johns and he said he is not required to have insurance on his drivers as long as they have insurance for themselves and it is not a law in DE. So now we are stuck with a junk car, no insurance payout and I have to pay off this car myself. I would like to know if there is a DE law that covers this and if I have a case to go after Papa Johns. Thank you
It depends on who was at fault for the accident. If it was your daughter, then you may be out of luck. Your personal insurance can deny coverage if it has a delivery driver-type exclusion, which is likely. Papa John's most likely had her sign something saying she had insurance coverage for when she was making deliveries. Even if they didn't, there is no requirement that they provide collision coverage for their drivers. Collision coverage is not required by law.
However, if someone else caused the accident, then that person's insurance is on the hook.
This communication is general in nature and not to be construed as legal advice or creating an attorney-client relationship. All situations are different and you should meet with and discuss your particular situation with an attorney.
Without seeing the policy, tough to provide a definitive answer
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline