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Car Accidents and the Gig Economy: Legal Implications for Delivery Drivers

Car Accidents and the Gig Economy

We’ve never had more food delivery options than we have right now. A decade or two ago, getting food delivered meant relying on pizza chains and Chinese restaurants that employed their own delivery drivers. On top of that, you often had to meet high minimum requirements to qualify for delivery. That’s not the case anymore; no matter what food you’re in the mood for, you can find a delivery app that will get it to you. With more options come more complications—what happens if you’re involved in a crash with a delivery driver?

The team at John H. Ruby & Associates is here to help you fight for compensation after a collision. Give us a call at 502-373-8044 to set up a consultation with our team of Louisville personal injury lawyers.

Delivery Companies and Their Insurance Requirements

When you sign up to drive with a delivery app like Grubhub, Uber Eats, or DoorDash, you have to have your own auto insurance. However, many companies also provide their own insurance on top of whatever a driver has. 

Uber Eats maintains coverage for delivery drivers in certain conditions. If a driver is available to take deliveries, Uber Eats offers up to $50,000 in bodily injury per person, $100,000 in bodily injury per incident, and $25,000 in property damage per incident. Once a driver accepts a delivery or is completing a delivery, that jumps to $1,000,000 in third-party liability and contingent comprehensive and collision.

Similarly, DoorDash offers coverage for drivers when they are available for deliveries. The limits are the same as they are for Uber Eats. During a delivery, DoorDash offers $1 million in liability.

The outlier is Grubhub, which does not offer any insurance coverage for drivers outside of California.

What Happens When You’re Hit by a Delivery Driver?

First, it’s important to understand that getting hit by a delivery app driver is not the same as getting hit by either a personal driver or a restaurant employee doing deliveries. A personal driver is covered by their own insurance policy since they aren’t engaged in commercial activity. When a delivery driver is employed by a restaurant, the restaurant is responsible for their employees’ actions when they are engaged in their work—your claim will be handled by the restaurant’s insurance policy.

Delivery app drivers are independent contractors, so they are not employees of any restaurant or company. They work for themselves. It’s unlikely, though, that their own insurance policy will pay for any damage they cause you. The majority of personal insurance policies do not cover accidents that occur when a driver is engaged in commercial activity, such as delivery driving or rideshare driving. 

If you see compensation from their insurance, they will likely turn you away. Once you’ve been turned away from them, you can begin seeking compensation from the rideshare company’s insurance. Unless, of course, you are hit by a Grubhub driver—then your situation is significantly more complicated and less likely to have a positive outcome for you.

Getting the Compensation that You Deserve

It’s important to act quickly after a crash with a delivery driver. You may get conflicting advice. The driver may ask you to handle it without getting insurance involved, their personal insurance provider may wash their hands of the entire thing, and the delivery company may try to deny liability. You need to talk to a personal injury lawyer with experience in delivery driver collisions. Everyone is fighting for their own best interests in these scenarios, and that means you often get left out in the cold. When you work with a car accident attorney, you can feel confident that they are fighting for the compensation you deserve—not some other company’s profit margins.

Reach Out to John H. Ruby & Associates to Begin Your Personal Injury Claim

Have you been hit by a reckless delivery driver? Don’t panic and don’t assume that you’re not entitled to compensation because of their employment status. There are legal options available to you, and we’re here to help you fight for justice. Reach out online or call us at 502-373-8044 to take the first step now.