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    When Is a Food Delivery Driver Liable for an Accident?

    Published on May 24, 2022 at 11:46 am in Food Delivery.

    The food delivery industry has grown exponentially in part due to the COVID-19 pandemic in the past few years. Nearly all large-scale restaurants and many smaller-scale restaurants offer food delivery services with companies like UberEats, Postmates, DoorDash, and Grubhub. It’s now easier to get your food delivered to your home or office than to make your way to an eatery to grab a bite to eat. 

    Unfortunately, with the demand increasing for food delivery services, there are more accidents occurring on the roads of San Diego. Since delivery drivers often find themselves racing from one destination to the next to ensure customers receive their orders on time, they are often negligent or reckless. This is why accidents occur more frequently. 

    After this type of accident, you might be left with injuries and damages. If so, you might be asking yourself when a food delivery driver is liable and how to go about obtaining compensation. 

    Should you have been injured in an auto accident involving a food delivery driver, you need the help of a respected law firm like the Ride App Law Group, LLP. Continue reading to learn more about food delivery driver liability. 

    Food Delivery Driver Liability: When A Driver Is Liable

    The majority of food delivery companies classify their delivery drivers as independent contractors. This means that legally, an independent contractor is not viewed as an employee, which is why food delivery companies often are absolved from a driver’s responsibilities. 

    Essentially, this means that if you were injured in an auto accident with a delivery driver, the driver’s own auto insurance company would be liable to cover your damages. However, some food delivery companies have limited liability insurance for drivers in conjunction with drivers needing their insurance. 

    Unfortunately, in certain instances, this liability insurance, alongside their private auto insurance, still might not be enough to cover your damages, so you should speak with an attorney to discuss the best course of action. 

    Are There Food Delivery Companies That Provide Insurance?

    Now that you know more about food delivery driver liability, we’re going to discuss real-world examples by examining a few food delivery companies. 

    First, there are food delivery companies that provide coverage, but not everyone does. Below, you will learn more about popular food delivery company insurance coverage and liability. 

    Grubhub Insurance Coverage And Liability

    Grubhub is one of the food delivery companies that does not attempt to help its drivers. Ultimately if a Grubhub driver is involved in an auto accident, they are wholly responsible for the damages they cause. Should a driver not have their own business auto insurance, you might need to evaluate your own coverage. 

    Uber Eats Insurance Coverage And Liability

    Unlike Grubhub, UberEats does provide its drivers with coverage, but there are requirements. Any driver who decides to work for UberEats must sign a contract with Portier LLC, a subsidiary of Uber. 

    UberEats drivers have insurance coverage similar to what is provided to UberX drivers. This means they are provided with $1 million in liability coverage per crash, but this only applies once a driver has accepted a delivery to the time they have completed a delivery. Portier, LLC will provide liability coverage of up to $50,000 in between deliveries if an accident happens outside this timeframe. 

    If a driver exceeds these limits, they will have to also use their own auto insurance coverage to cover your damages. 

    DoorDash Insurance Coverage And Liability

    DoorDash provides its drivers with basic liability coverage if they are determined at fault for an auto accident. This coverage will cover bodily injuries of crash victims (you) and damages sustained to third-party property. 

    However, this coverage does not come into effect until the driver’s own personal auto insurance runs out. This coverage also only applies when there is food in the driver’s car. 

    Contact A Food Delivery Accident Attorney Today To Discuss Your Legal Options

    Since food delivery service accidents can be difficult to navigate since there are different policies with different delivery companies, it’s best to speak with a qualified food delivery attorney. 

    At the Ride App Law Group, LLP, our firm has experience handling food delivery driver accidents in San Diego. We can help you determine liability and get compensation from the guilty party. Speak with us today so that we can help you during this trying time in your life. 

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