Sign fell off my daughter's car's roof...who's liable?

[ILDIRTFAN1825]

My daughter works for a national sub sandwich chain that let's say is supposed to be "freaky fast". Today while driving her car to deliver product from one store to another, the sign on the roof of her car came off and busted out the rear glass, and put multiple dents and scratches on her car. Luckily it fell into the car and not on road or hit another car. Her manager is telling her to fix it and they'll maybe reimburse it later. The initial quote for repairs was $4300 minimum. They are not wanting to help at all. Are they responsible since it was their equipment?

 

[STIBROKER]

was she driving freaky fast.......

 

[fed up]

Does your carrier know that your daughter is using her car as a business use for the sandwich chain? I'll bet the answer is NO. Who's job was it to secure the sign to the roof? 4300 seems VERY high so I wonder when ALL of the damage occurred but I'm willing to bet that the damaged has occurred over a period of weeks. So when you call in the claim be prepared for a follow up notice of your policy being non renewed.

 

[adjusterjack]

Are they responsible since it was their equipment?

Depends on her contract with the sandwich chain. Does she have one? Did you read it? I suspect that there are disclaimers for any damage to her car from any cause.

When you've read it come back and tell us.

Also answer the other questions that have been posed.

Does your carrier know that your daughter is using her car as a business use for the sandwich chain?

Ditto.

Personal auto policies cover certain business use but the underwriters want to know what that business use is so they can charge the appropriate rate.

If an insured conceals a higher risk endeavor and a claim occurs the claim can be denied and the policy rescinded.

 

[fed up]

In all probability your daughter is using Your car, or her own car, as a delivery vehicle to take sandwiches from the deli to the customer home. f she was simply delivering supplies to another location there would be no need for a sign. I know that there are endorsements for Real Estate agents using their vehicles to transport clients around but I am not aware of any endorsement to allow for pizza or sandwich delivery

 

[LeeV]

My daughter works for a national sub sandwich chain that let's say is supposed to be "freaky fast". Today while driving her car to deliver product from one store to another, the sign on the roof of her car came off and busted out the rear glass, and put multiple dents and scratches on her car. Luckily it fell into the car and not on road or hit another car. Her manager is telling her to fix it and they'll maybe reimburse it later. The initial quote for repairs was $4300 minimum. They are not wanting to help at all. Are they responsible since it was their equipment?

Sorry, but I am finding your description of the incident to be somewhat unbelievable. She was driving the car, with the wind blowing over the top of the car. The wind is so strong that it blew the sign off the roof, but before it reached the the street it dropped down on the rear widow with such force that it broke the window, then tumbled onto the back to cause dents and scratches? Sounds like a Seinfeld episode with the Magic Loogie.

 

[ILDIRTFAN1825]

 

[ILDIRTFAN1825]

Technically it's her boyfriends car, but they live together so they both drive it. As far as if their personal insurance is aware of it being used for delivery, I don't know yet. This is in Illinois, and I've read some of the laws, but can't find anything similar to this situation. And yes it's real....there's a cord on it and it was slinging around, bouncing off car til she stopped and it landed in rear window area because it was gone lol.

 

[LeeV]

Technically it's her boyfriends car, but they live together so they both drive it. As far as if their personal insurance is aware of it being used for delivery, I don't know yet. This is in Illinois, and I've read some of the laws, but can't find anything similar to this situation. And yes it's real....there's a cord on it and it was slinging around, bouncing off car til she stopped and it landed in rear window area because it was gone lol.

I am not saying that the damage is fake, I am saying I do not believe the sign caused it.

 

[fed up]

Technically, she is liable. If they tell the carrier that it was damaged while being a delivery driver chances are the claim will be denied. Chances are the policy will be cancelled or non-renewed. If I tried a mattress to my roof and it came off and caused the same damage it would be covered under Comp. The damage caused during delivery of business supplies while working for the business will not be covered unless they have an endorsement on their policy for that type of use if the vehicle. Most carriers have an endorsement for Uber or Lyft, but none that I know if have an endorsement for Dominos or Jimmy John's. Hope that the franchisee has a heart and covers the damage.