Do you have to car insurance to be a delivery driver?

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Do you have to car insurance to be a delivery driver?

I was in a car accident where the other party was at fault. He hit my car and totaled it at an intersection. He was currently on the clock at work as a delivery driver. Considering he had no insurance and I only have liability nothing is covered.

Asked on March 29, 2019 under Accident Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Even if someone should have had insurance, if they didn't, they didn't: someone who was driving without auto insurance can face penalties and other sanctions from the state (i.e. not having insurance is a ticketable offense), but that doesn't result in him retroactively having insurance or anyone else covering the damage for him. So not having insurance was wrong of him and can expose him to additional penalties, but people often due stupid things.
However, if he was an employee of some business (not an independent contractor; i.e. he is paid on a W2, not 1099) and was "on the clock," then his employer should be liable for any damage he does in the course of doing his job (delivering cars): you can sue his employer for the value of his car, and hopefully they will either have the money to pay and/or have insurance.
You can also sue him personally: not having insurance doesn't mean he can't be sued or forced to pay--it just means that he has no insurance to pay for him. It may well be the case that he lacks the income or assets to pay for your damages, so it's possible that you could sue him, win, and still not get anything (since a court judgment in your favor does not make money appear where there is none), but if he does own a home or have any assets or money, you may be able to recover from him.
A good idea would be to sue both him and his employer, if any any: you can sue more than one person at a time, and suing both increases the oddes of you recovering some money from someone.


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