“Like I said not the hitting, but the restaurant is liable for the delay.”
How so? If you call in an order and they say “15 minutes” yet get there 15 min. later and your order isn’t ready that’s just the way it is. There’s no contract that’s been broken.
The driver faces direct monetary loss if he’s forced to wait. They are doing the restaurant a favor by staying. If it were me I’d leave then and there.