Injured While Delivering for DoorDash or Uber Eats in Montgomery County: Which Insurance Coverage Applies?
In recent years, DoorDash and Uber Eats drivers have become even more numerous on Montgomery County roads. Food delivery services are in high demand as individuals and families favor flexibility in their dining options. It is now possible to enjoy a meal from a consumer’s favorite restaurant in locations other than the restaurant’s dining room.
While these rideshare food services are increasingly common, an unfortunate reality of this rise in vehicle traffic has been a rise in car accidents. DoorDash and Uber Eats drivers are trying to get from Point A to Point B as quickly as possible. Delivering food orders as quickly as possible places drivers in a position where shortcuts and speeding become an imperative.
Fellow drivers, cyclists, and pedestrians alike face an increased risk of injury due to the driving habits of Uber Eats and DoorDash drivers.
Determining Liability in a Rideshare Accident Case
Accidents involving DoorDash or Uber Eats drivers are more complex than they seem. A rideshare driver delivering food from a restaurant to an app user may be en route to deliver or pick up the order when an accident occurs. Or, the driver may be off the clock but otherwise waiting for the opportunity to begin a ride. The timing of these events makes a tremendous difference in determining liability for an accident.
The most frequently encountered question in an Uber Eats or DoorDash accident concerns whether the company itself may be held responsible for a driver’s actions. Rideshare and food-delivery companies classify their drivers as independent contractors, in part to avoid circumstances in which the company itself could be found liable for causing an accident. However, this designation alone is not always sufficient to help these companies avoid responsibility for such accidents.
Specifically, if an injury victim can prove that DoorDash or Uber Eats had control over the driver’s actions at the time of the accident, this will go a long way toward establishing the company’s liability. Essentially, if the driver was performing their job duties at the time of the accident, there is an opportunity to hold that company responsible for the resulting injuries. Insurance Policy of DoorDash or Uber Eats Gets Involved
An accident that injures another person may bring DoorDash’s or Uber Eats’ insurance policy into the case. These companies hold insurance policies that are valued at $1 million dollars (approximately). A policy typically covers property damage as well as injuries suffered by an accident victim. This is true so long as the driver was engaged in a delivery job at the time of the accident.
Again, the timing is key. The driver must have been either on the way to pick up food or en route to deliver it to an app user for the company’s insurance policy to be subject to a claim. The company’s insurance policy is only relevant in the context of a claim once the driver’s personal auto insurance policy is exhausted.
The bottom line for an injury victim is that if the DoorDash or Uber Eats driver was not actively engaged in a task, the company’s insurance policy cannot be used to file a claim. The driver’s insurance policy would take center stage in that situation. This can leave an injury victim in the unwanted position of having substantial damages to consider but with an insurance policy with minimal policy limits to tap into.
What Options Are Available to Injured DoorDash or Uber Eats Drivers?
Suppose that the injury victim is the delivery driver themselves. The same challenges discussed earlier still play a role in this situation. If a delivery driver is injured while performing a task related to their employment, they may be able to use insurance available through the rideshare company. Again, timing matters in that these drivers are not employees of DoorDash or Uber Eats.
Food delivery drivers may have occupational accident insurance policies from these companies that cover medical bills, lost wages, and other damages. A driver for these companies is well served by understanding the specific policy that may or may not cover their losses in the event of an accident. Drivers must also ensure they maintain their own vehicle insurance in the event of an accident. When the company’s insurance policy cannot cover their losses, their personal auto policy is the first line of protection.
What Role Does the Auto Insurance of DoorDash or UberEats Play in an Accident Case?
DoorDash and Uber Eats drivers face an increased risk of being involved in an accident. This is true simply because these drivers log more mileage on Montgomery County roads than just about any other motorist.
As a result, their ability to find coverage in an accident under their own insurance policy is extremely important. Considering that these delivery drivers are not always actively engaged in picking up or delivering food, this point becomes even more relevant. Drivers must be aware of the specific policy protections offered under their policy and whether individuals employed as contractors for rideshare or delivery companies are even covered under a standard auto insurance policy. Most auto policies do not cover drivers and accidents that occur while the policyholder is working a job involving their vehicle. This is a relevant point for both a food delivery driver and any motorist in Montgomery County who may be involved in an accident with that driver.
Anthony C. Gagliano, III, Esquire, P.C. Serves Injury Victims
For a free case review, contact Anthony C. Gagliano, III, Esquire, P.C. Our team of legal professionals represents individuals injured in car accidents involving food delivery services such as Uber Eats and DoorDash. Whether you are a food delivery driver or are injured by one, consider your legal options with a Montgomery County rideshare accident lawyer.