Monday, February 20, 2012

Auto Accident as Food Delivery Driver?

What is the name of your state (only U.S. law)? Florida



Back Ground:

I have worked part time at a Golf and Country Club for the previous 18 months in the State of Florida. The Food and Beverage department decided in April of this year (2009) they would like to try a new service for the club's members, that is, food delivery service strictly to those living within the gated community. I am the Country Club's only driver, as it's a night and weekend job within a single 900 housed community.



What Happened:

I was recently making a delivery within the community when I received a call to my cell (this is legal still in Florida). It was a call from the club house (my work) to notify me of a single last delivery (after the one I am carrying) before the shift is over. When I attempted to pick my my phone my attention went off the road for a moment in which I veered off to hit a mail box with my side mirror. I then proceeded to hit the curb and sustain damage to my tire and many of the parts in that location.



I have since fixed my car with my own finances (estimate $450) and have been notified that the mail box replacement will be $350 and the Food and Beverage Department of the Country Club will pay $100 of the mail box cost.



Should I talk deeper with management about the costs here? It seems unfair that I should take on the burden of fixing my own car and most the mailbox. In starting the service in April, I never signed any waiver or release on any potential accidents; it was never even discussed. But I am now facing about a $700 burden after having an accident at work, performing my job, by being contacted by my job.



Any help would be great. Any links to some sort of useful reference even better.Auto Accident as Food Delivery Driver?
What is your state's law on auto insurance (some have mandatory liability). But you can talk to your employer if this is the first time, and then come to some agreement for future incidents. But other than that most of the time when I see ads for drivers they want people who have their own insured cars for that reason, to avoid on the job liability for drivers in control of their car.Auto Accident as Food Delivery Driver?
I'm not a lawyer, but here in Oklahoma if your employer requires you to use your personal vehicle to do your job, then they are on the hook for any damages that occur while you are doing your job. All they can do if fire you, but they still have to pay for it. Talk to the lawyer/legal dept. or talk to your own car insurance people for guidance. It's possible the management involved doesn't know what their responsibilities really are.Auto Accident as Food Delivery Driver?
You wrote: "...It seems unfair that I should take on the burden of fixing my own car and most the mailbox..."



And yet, strangely, you were okay with picking up your cell phone (a device that has a huge amount of scientific research that points to it as a distraction equal to or even greater than the impairment caused by alcohol intoxication) while you were driving.



If you are not capable of driving and talking on the cell phone without running into stuff, I'd recommend you either park to take cell phone calls or turn the phone off.



- Stuart

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