Who Is Liable in a Food Delivery Services Company Crash?

December 27, 2024

During the pandemic, food delivery services surged in popularity. Although COVID restrictions are no longer in place, the public’s appetite for this convenient service has not waned. In fact, more people than ever are using food delivery services. Research has revealed that in May 2020, internet searches for online grocery ordering grew by 202%.

With seemingly endless food and grocery deliveries to make, drivers can easily rush to drop off orders on time, leading to speeding, dangerous driving maneuvers, and, of course, car accidents. Additionally, since the holidays are right around the corner, there will likely be more delivery drivers on Virginia’s roadways trying to keep up with the increased demand.

If you were injured in a car accident involving a delivery service, the Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp can help you protect your rights and obtain maximum financial compensation from the insurance carrier.

Commercial Driving is Not Covered by Insurance Policies

It is important to understand exactly what auto insurance policies cover and what they do not. For example, auto insurance doesn’t include coverage for commercial driving.

Personal policies seldom cover any business use, including food delivery. This means that unless your insurance policy has a unique provision that covers delivery driver insurance, you will not be able to use your auto insurance following a collision. It is advantageous for delivery drivers to purchase a separate insurance policy tailored to this line of work. Once you have commercial driver insurance, your liability insurance might cover you in the event of an accident,

What Happens to Delivery Drivers Who Are in an Accident While Working?

If a delivery driver is involved in a crash, what happens next depends on the company’s policy for which they are driving. A few companies offer driver coverage, while others provide no protection at all. For example:

UBER EATS

Uber offers coverage for its drivers and, should an accident occur, will assist them throughout the claims process. It also maintains underinsured or uninsured bodily injury coverage on behalf of its drivers.

DOORDASH

If they are injured in a car accident while making a delivery, DoorDash drivers may qualify for the company’s occupational accident insurance. This form of insurance does not require any deductibles, co-pays, or premiums and covers disability payments and medical expenses.

GRUBHUB

Grubhub drivers are required to maintain minimum insurance coverage. Liability coverage provided by the company might be available and will primarily depend on what phase of the delivery the driver was in when the accident occurred.

POSTMATES

Postmates delivery drivers must also maintain their own insurance policies. The company may offer coverage above and beyond the driver’s personal policy for liability.

INSTACART

Instacart provides no liability insurance of any kind for its drivers.

SHIPT

Shipt drivers deliver local products to customers. Shipt offers liability coverage that goes into effect only during specific periods of each delivery. Aside from that, they are not covered.

Steps to Take After an Accident Involving a Delivery Driver

Delivery drivers normally work long hours, which can be extremely tiring. They often drive on unfamiliar roads and can easily find themselves in dangerous situations. Moreover, they also have to work at night and in inclement weather when visibility is very limited.

If you are involved in a car accident with a delivery driver, notify the police right away. Be sure to cooperate with the responding officer and seek immediate medical attention. You will also need to gather certain information, including:

The name and contact information of the driver and their company
The driver’s insurance policy details
Photos of the scene, your vehicle, and any visible injuries
The names and contact details of any bystanders

Once you have notified local law enforcement, your next call should be to a Virginia Beach car accident lawyer.

Based on the events leading up to the accident and the delivery company involved, insurance claims will vary. In addition to explaining how different insurance policies can cover your damages, a personal injury attorney will also thoroughly investigate every aspect of your case.

For instance, they will run a background check on the driver to see if they were involved in any other collisions. Your attorney will also file a lawsuit on your behalf and, if necessary, represent you in court.

Unlike a car accident involving private drivers, one involving a delivery driver could involve more than one claim. Your attorney will need to review the insurance policies of the delivery service and the driver. Unfortunately, when a delivery driver is on the clock, most policies deny them coverage, which means the driver’s insurance will not cover your losses even if they are at fault.

If the delivery driver’s policy is unable to cover your damages, you will have no choice but to opt for their employer’s insurance policy, which can vary widely from one company to another. While some food delivery services have comprehensive insurance policies, others have only the minimum coverage required by law, or none at all. If your accident involved a delivery driver who is considered an independent contractor, filing a claim becomes even more challenging. By and large, companies are not liable for negligence committed by their contractors, but there are sometimes exceptions.

Shapiro, Washburn & Sharp

After an accident with a food delivery driver, working with a skilled Virginia Beach car accident lawyer from Shapiro, Washburn & Sharp can help you get the financial compensation you deserve. According to Virginia law, you may be eligible to collect damages for your medical expenses, pain and suffering, lost earnings, and more. In one recent case, we secured a $975,000 settlement for a motorcyclist with terminal cancer who was struck by a negligent delivery driver.

If you were involved in an accident caused by a delivery driver, contact the Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp by calling (833) 997-1774 or filling out our online form to schedule a free case review. We have offices located in Virginia Beach, Portsmouth, Hampton, and Norfolk.