Livery Insurance Question

lol...this isn't information you obtained before instituting deliveries? This is a hell of a thing to leave to chance

Short answer - most likely. Workers comp and recording any injuries that qualify on the osha log as well. There are some possible exclusions.

Long answer, call your agent asap.

Not an insurance guy but from my experience, the employees insurance would be primary then your hired non owned would be secondary. Most insurance companies try and get you to require your employee to have extended limited like 100k instead of minimum to limit their exposure. In Louisiana though, scumbag lawyers will make sure they get a piece of both I am sure.

Your arse should go if you are the owner

Show your face

A long time ago a pizza delivery driver hit me.
The driver didn't have car insurance, so I made the pizza place pay for the damages. The owner was pissed, but that's what my insurance company told me to do and he ended up paying.
It wasn't a whole lot. Maybe $2000.

Your work comp is going to cover your driver in most circumstances and you need hired/ non-owned auto. Keep in mind the company rate for a driver is significantly higher than a restaurant worker and you’ll need to keep track of payroll for driving time or any employee that does a delivery will have the entirety of their payroll limped in the driving code. Make sure your agent checks MVR’s on anyone that may drive too. You don’t want to send Bill out for a delivery and later find out he’s had 3 DUI’s and his license has been suspended for the last 2 years.

I think i saw that AllState (or one of the personal carriers) waived the “use of personal auto for business” exclusions to provide personal auto coverage to delivery drivers during the pandemic. Don’t bank on that though because my mind is mush these days.

Short answer...errrrbody and their insurers are getting sued. Check with your agent on the issue and make sure you’re covered no matter the scenario involving a delivery driver accident, and if it costs more to make sure they’re covered, buy it. Also ask the driver to check with his agent with the same question. You want to be covered every which way in the event of a an accident with catastrophic injuries.

You need a new policy called Employers non-owned liability (ENOL). This would cover your liability if your driver/employee was in an accident. These coverages would provide liability protection for your business if your employee caused an accident and the person they hit was to sue you or your business.

You have a lot of responsibility here to know if you have a driver employees under you, you need to know their driving record, if they have insurance or not (and what limits), and make sure you have some rules in place written down and emphasized to the driver (with them signing they read and understand the rules).

I’ve seen businesses destroyed because of an employee who got into an accident or did something stupid. The ENOL policy is like $10-15/month so it is a good coverage to get for what it provides.