Your Personal Insurance Policy is Primary Even When Delivering Pizzas for Your Employer

I am a pizza delivery driver using my personal vehicle to deliver pizzas. Does the insurance coverage still follow the vehicle, or does my employer have some risk, especially if the claim exceeds my insurance coverage? J. Husband, Maryland

The first rule of automobile liability insurance is that the insurance policy follows the car. Without knowing the details of your employment contract, if there is one, it is safe to assume that your employer required that you provide proof of insurance when you were hired.

If you involved in an automobile accident with another person while delivering a pizza for your employer and the accident is your fault, your own personal insurance policy will be the first one in line to pay the other driver’s damages and personal injury claim. Hopefully the claims are not serious and your own coverage will be able to adequately compensate the claimant(s) involved.

If your own policy coverages are inadequate, or if the person pursuing the claim against you (the claimant or plaintiff) believes that he will be able to show that your employer was somehow vicariously liable for your negligence, they may opt to also pursue a claim against your employer and your employer’s insurance company. Whether or not a case involves an employer's vicarious liability is usually an issue to be decided by a jury. The injured person may also be able to pursue a claim against their own underinsured motorist coverage if your coverage is not adequate to compensate them for their damages.

This article is informational in nature only, and is not intended to take the place of legal advice. If you have been involved in an accident it is best to notify your insurance company and seek legal advice through a qualified attorney in your area.

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