GETTING THE MOST FROM RESTAURANT DELIVERY SERVICE STARTS WITH KNOWING AND MANAGING RELATED RISKS
As more restaurant owners and managers look to grow their sales volume and expand their customer base by adding a delivery service, they need to understand how this activity might affect their risk profile and take steps to manage what may be potentially devastating exposures.
Whether restaurants choose to use their own vehicles and drivers, have their drivers use their personal cars or trucks for deliveries, or contract with outside third party delivery services, they need to factor risks involved with each option into their decision-making. They also need to take appropriate actions to manage any significant related exposures.
Managing employee driver risks
When restaurants use their own employees as drivers, they need to make sure they first conduct appropriate background checks, including an MVR of their driving records and any violations. Employee-drivers should also be required to sign agreements regarding the conditions of their employment, commitment to safe and defensive driving practices, as well as consequences for non-compliance, including termination of employment for major violations, such as DUI, DWI, excessive speeding, road rage, reckless driving, distracted driving or pattern of inappropriate actions.
At the same time, restaurants should continuously monitor their employees’ driving performance for any moving violations, accidents or complaints. Drivers should receive periodic training not only to make sure they adhere to the rules of the road, but that they understand how to deal with customers and assess and avoid potential situations that may leave them or their vehicles vulnerable to theft or crime. Restaurants also need to make adjustments to employee classifications for workers’ compensation, which may result in a premium increase.
Additionally, when employee-drivers use their own vehicles, restaurants need to make sure employees have adequate auto liability insurance protection, typically at least $500,000 in coverage, and report to their insurance companies that their vehicles are being used for deliveries. Some insurers offer special delivery insurance policies and excess coverages to address these exposures; the restaurant owner can purchase an additional $500,000 in excess coverage (above the $500,000 limit purchased by the employee). The combination of the primary auto liability coverage purchased by the employee and the excess coverage purchased by the restaurant can protect both the employee and the restaurant from what can be potentially substantial liabilities associated with vehicular accidents and corresponding injuries to pedestrians, other drivers and costly property damage.
Notably, in some states auto liability coverage is a mandatory coverage for all drivers; in others, however, liability insurance isn’t a requirement. In either situation, it’s critically important for the restaurant to make sure adequate auto liability coverage with total limits of $1 million or more is in place to protect their drivers as well as their establishments.
Restaurant supervisors, managers and employee-drivers also need to make sure any vehicles used for deliveries are in sound working condition, with regularly scheduled maintenance, extensive pre-trip inspections and other measures to ensure their safe operation and performance and reliability.
Company-owned vehicles offer advantages
Rather than have employee-drivers use their own vehicles, more restaurants are using their own vehicles for delivery. Besides giving them greater control over food quality and maintenance of vehicles used for their delivery service, the owned vehicles provide opportunities and signage and branding that enhance their visibility throughout the communities where many of their patrons and potential customers reside or work.
Another option is to outsource the entire delivery function to third party services. Although this is increasingly popular, it tends to have high costs and significant potential risks. Third party services typically charge participating restaurants 35% – 40% of the retail costs of any food delivered and then add a delivery charge, which is paid by the customer. Consequently, as much as 50% or more of what customers pay for their food goes to the delivery service. Restaurants also have a lack of control over quality and condition of the food on delivery.
Navigating challenges with third-party delivery services
Besides logistical issues, such as food being cold by the time its delivered, restaurants face potential liability for food-borne illnesses if certain foods aren’t maintained at a proper heat level. Furthermore, delivery services involved in accidents or other issues may trigger lawsuits against the restaurant from injured parties and their insurers that could involve substantial costs and result in enduring reputational damage.
In addition to establishing parameters for acceptable delivery times, restaurants need to contractually require that any third-party delivery service they use provide adequate levels of auto liability/delivery insurance and name the restaurant as an additional insured on their insurance policies.
By understanding and addressing the exposures associated with any of the delivery options they choose to pursue, restaurant owners and managers will be in position to get the best results from these services, including greater sales and enhanced customer satisfaction and loyalty.
For help with evaluating and managing risks related to restaurant delivery services, contact Restaurant Programs of America at (866) 324-1099. The author may be reached by email at email@example.com.
Tony C. Davenport
Restaurant Programs of America, LLC