Delivery Driver Car Accidents and Personal Injury Claim Coverage

Food delivery companies like DoorDash, UberEats, Grubhub, and Postmates have made on demand food delivery accessible for anyone with a few clicks of a button. These apps are not only convenient for people who order food, but can also be convenient for individuals who are interested in making additional money by delivering the food. All you need is to have access to a car, pass a background check, and to meet a handful of other driving requirements.

For delivery drivers, these services are available in most cities and have expanded to many towns across the country. Drivers are able to set their own schedule and can decide which deliveries to accept or turn down. While these services are convenient for customers and drivers, it has caused an increase in cars on the roads. This increase has also led to more accidents between delivery and other drivers.

As an included benefit for drivers, the food delivery companies offer car insurance coverage under very specific periods of time when they are driving. In addition to the delivery service’s insurance coverage that is offered, drivers must also maintain their own personal insurance policy for their vehicle to cover incidents that happen during times when the driver is not delivering food for the app.

Delivery workers should have an understanding of the insurance policy that the company offers them while driving and the specific scenarios that the policy will cover in the event they are in an accident. They should also be sure that the personal policy that they carry provides adequate coverage for them in situations that the delivery company does not cover. This will ensure that if they are in an accident during a time that is not covered by the insurance offered by the company, that their personal policy will provide them the coverage needed.

Each delivery app has its own requirements for driving on behalf of their company. In addition to those requirements, the company will provide certain car insurance coverage to its drivers. The policy has specific limits and deductibles that must meet state requirements and will vary for each business. The policy will include clear descriptions that detail when their insurance would be used to help cover your accident. Most often, you must be on an active delivery - meaning, your accident must have occurred between the time you accepted an active delivery request and delivered the food.

Each company’s policy is different so it is important that you review it closely and ask questions early to ensure that you understand the coverage that is included as part of your employment. Below are some examples of coverage that two popular food delivery companies offer drivers while working as a delivery driver.

Uber Eats splits their coverage into two categories:

• If the accident occurred after the driver has picked up an order, the Uber policy will cover up to $1 million.
• If the accident occurred while the driver was working but had not yet picked up the order for delivery, then the policy would cover up to $50,000 per injury or a total of $100,000 for injuries involving two or more people with up to $25,000 for property damage.
• In any other scenario, the policy provided by Uber Eats would likely not be able to be used. You would need to file through your own personal auto insurance plan.

• If a driver has picked up the food and is on their way to deliver it when they are in an accident (called an “active delivery”), then DoorDash’s commercial auto insurance policy can cover up to $1 million in property damage or bodily injury.
• In any other scenario, the policy provided by DoorDash would likely not be able to be used. You would need to file through your own personal auto insurance plan.

As mentioned, if an accident with a delivery driver occurs outside of the scenarios listed in the company auto insurance policy, then the driver’s personal auto insurance policy would likely need to be used.

Any individual who operates a vehicle in Massachusetts is required to obtain and maintain their own liability auto insurance policy. At a minimum, drivers are required to carry uninsured motorist coverage of at least:

• $20,000 per person and $40,000 per accident for bodily injury to others
• $8,000 per person per accident for personal injury protection
• $20,000 per person and $40,000 per accident for bodily injury caused by an uninsured driver
• $5,000 for damage to someone else’s property

As a “No-Fault” state, when a driver is in an accident, Massachusetts requires that they first file a claim with their own insurance company.

• If the accident occured during a scenario or time period described in the food delivery auto insurance policy, then the delivery driver would file with that plan.
• If it happened outside of a scenario or time described in the food delivery auto insurance policy, then the driver would file with their own insurance company that has their personal auto insurance policy.
• If you are not a delivery driver, but involved in an accident with a delivery driver, you would first file a claim with your own insurance company.

There are many instances where you may be interested in filing a lawsuit against another driver, particularly if you had major injuries from the accident or have been unable to work. Prior to being able to file a lawsuit against another driver, you must be able to prove that you had at least $2,000 in related injuries or medical bills. The court will then review the facts of your case to assess “modified comparative fault.” This means that someone can collect damages against another driver involved in the accident as long as the court finds that the person is no more than 50% at fault. If you are found to be 51% or more at fault, then that person cannot collect damages.

The process of collecting the right amount of evidence and filing a claim following an accident can be confusing and challenging. The Altman & Altman team has extensive experience representing people who have been involved in car accidents including with delivery drivers. We know how to investigate these accidents, we understand your rights, and we will fight to get you the financial support and damages that you deserve. Call us today at 800.481.6199 or contact us online to review the details of your case during a free consultation. We are available 24 hours a day, 7 days a week to support you.