Liability for a Crash with a Food Delivery Driver

June 28, 2021

Food delivery services have become increasingly popular, which means some of the people you may be sharing the road with are out making a delivery. This increases the risk of car crashes involving delivery drivers who are often in a rush to finish their delivery so they can go make the next one.

If you get injured in a crash with a food delivery driver, you may be unsure of how to pursue compensation. Can you file a claim against the at-fault driver’s insurance policy? Does the delivery driver’s employer bear any liability for your damages?

These are complex questions you should consider discussing with a licensed attorney. The experienced Phoenix-based auto accident lawyers from Phillips Law Group have helped many crash victims secure compensation. An initial consultation is free of charge and comes with no obligation to take legal action.

Fault for a Food Delivery Crash

In Arizona, the at-fault driver is financially liable for damages suffered by the victim. Typically, victims file claims against the at-fault driver’s policy.

However, the at-fault driver’s personal insurance policy may not cover a crash that happened while he or she was making a food delivery. This can be considered a commercial driving activity.

If the delivery driver is financially responsible, he or she would have purchased a separate insurance policy to cover accidents that might happen while he or she was making food deliveries. If the delivery driver has such a policy, you should be able to file a claim against it.

If you exhaust the limits of this business-use coverage, you may be able to file a claim against the underinsured motorist coverage in your own insurance policy.

Technically, you could file a lawsuit against the delivery driver to attempt to secure compensation. However, he or she may not have enough money or assets to provide anywhere close to the amount of compensation you would need. A lawyer is unlikely to help you file a lawsuit if the at-fault party would not be able to pay out the compensation you need.

Do Food Delivery Companies Provide Insurance for Drivers?

The short answer is this: some do provide coverage and others do not. It is important to contact a licensed attorney to help review the available insurance coverage and determine your options for pursuing compensation. Doing this on your own can be difficult and crash victims who go it alone often do not recover as much compensation as those represented by attorneys.

DoorDash Insurance Coverage

This company does provide basic liability coverage for its drivers if they are found to be at fault in a crash. This covers the bodily injury of crash victims and damage to third-party property.

However, this coverage does not kick in until the driver’s own insurance coverage runs out. This coverage only applies when there is food in the car. In other words, if the driver is in between deliveries when the crash happens, DoorDash liability coverage may not apply.

Uber Eats Insurance Coverage

Drivers who sign up to work for Uber Eats sign a contract with Portier LLC, which is a subsidiary of Uber. This company provides insurance coverage that is like what is provided for UberX drivers. The company provides $1 million in liability coverage per crash, and coverage applies from the moment the driver accepts a request to the time the delivery is made. Portier also provides liability coverage of up to $50,000 per individual/per accident when drivers are in between deliveries.

Grubhub Insurance Coverage

Unfortunately, this company does not provide extra coverage. Drivers are responsible for the damages they cause. If they do not have their own business-use auto insurance, you may need to look to your own insurance coverage.

That is why it is important to have uninsured motorist coverage because you never know when you may get into a crash with a driver who does not have insurance. You cannot count on delivery drivers to have the proper insurance coverage. They may just start making deliveries without looking into their insurance coverage. They may assume their personal insurance will cover them.

Injured in a Crash? Call Phillips Law Group for Assistance

One of the most important decisions you need to make after a car crash is who is going to represent you throughout the legal process.

You need an experienced attorney with a proven record to take on the insurance company and fight for maximum compensation. While compensation cannot change what happened, it often helps victims secure their future and keep them out of debt.

Schedule an initial consultation today. There are no upfront fees for our services.

Phillips Law Group. No upfront fees. 1-800-706-3000