What to do if I was working for pizza chain as a driver but was never told that I needed special insurance for delivering?

When I signed up over the phone with my insurer they never asked me what my employment was. I was in an accident in bad weather going to a customer and hit a culvert. My employer claims that fixing my car isn’t its problem and my insurer has refused to do anything because I was using it for business with only personal insurance. Am I being screwed by both or do I have a case? If so, against who?

Asked on August 8, 2013 under Accident Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, based on what you write, you are NOT being screwed by either:

1) Your employer has no legal obligation to pay to fix your personal car, even if you damaged it while driving for work, unless they had promised in advance to do so and that was the only reason you agreed to use your personal car. (And even then--you'd have to be able to prove the existence and terms of the promise.)

2) The insurer does not have to pay if you were using your personal car for business, if you failed to tell  them you were doing so (and pay whatever additional premium they required), because you did not, in this case, honor your own obligations to honestly and fully disclose the use of the car and purchase the correct insurance.

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