If while I was driving for a restaurant delivery service and the sign topper fell off and did damage to another vehicle, who is responsible?
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If while I was driving for a restaurant delivery service and the sign topper fell off and did damage to another vehicle, who is responsible?
My spouse was hired as a delivery driver for a new delivery program for a restaurant. During the hiring process she signed a waiver saying that our insurance would be responsible for accidents however the company did not disclose that a regular insurance plan no matter who the provider is does not cover
Asked on June 6, 2016 under Accident Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The restaurant is not liable or at fault: it is not their resonsibility to make sure that you or your spouse fully understood what she was signing. She could have, for example, held off signing until she called her insurer and found out what kind of insurance she needed, and decided if she wanted to pay for it or not. (I.e. she could have refused to take the job if she didn't have the correct insurance, or wasn't sure she had it.) The law presumes that mentally competent adults understand what they sign; in signing, she took responsibility for making sure she had the right coverage. The employer did not need to make sure that she had the right insurance.
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