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What Happens After an Accident with a Food Delivery Driver?

What Happens After an Accident with a Food Delivery Driver?

October 24, 2023
Paul Ajlouny

Car Accidents with Food Delivery Drivers are Complex Cases

There are many factors that determine who must compensate you for your injuries after a car accident with a food delivery driver. Whether or not the food delivery driver has the appropriate car insurance and whether or not they are an employee or an independent contractor are the most important.

It takes an experienced attorney to navigate these car accident cases and ensure that you receive all of the compensation that is available to you. Contact us today at (718) 233-3913 for a free consultation, or read on for more information.

Types of Food Delivery Drivers

Food delivery drivers are either an employee of a restaurant or independent contractors working through food delivery apps. This affects who could have to pay for your accident. If the driver is an employee, the restaurant they work for could be responsible.

A car accident case with an independent contractor is more complex. Independent contractors work for food delivery apps, and not all of them offer liability coverage to their drivers. They are not required to do so by law, but drivers are required to have appropriate insurance. 

Most Delivery Drivers Lack the Appropriate Insurance

Personal insurance policies don’t provide coverage if you are using your vehicle for business, and food delivery service falls under that category. This means that if the food delivery driver that caused the accident only has a personal policy, your accident will not be compensated by their insurance company.

A commercial policy is required to cover food delivery activities. These policies are much more expensive, and most drivers do not pay the additional cost to have them. Food delivery apps and restaurants must require drivers to have the appropriate insurance, but most only require evidence such as an insurance card that does not provide the details of the policy.

Who Pays in an Accident with a Food App Delivery Driver?

All delivery drivers are required to have car insurance to cover such accidents, but personal policies don’t come into play with food delivery accidents. If the driver doesn’t have a commercial policy, they will be paying out of pocket for your accident making it more difficult to receive compensation.

The following food delivery apps offer liability coverage in case of an accident with one of their drivers:

  • Uber pays up to $50,000 or up to $1,000,000 depending on whether or not food has been picked up.
  • Postmates pays up to $1,000,0000 as long as the driver is logged into the app.
  • Doordash pays up to $1,000,000 as long as the driver is logged into the app.

Grubhub and Instacart do not offer liability coverage of any kind to their drivers. If your food delivery driver works for one of these companies, their insurance coverage will need to cover the cost of your accident.

Let Ajlouny Law Review Your Case

Evidence must be gathered in all car accident cases, but there is more information to uncover when you are in an accident with a food delivery driver. Is the driver an employee or an independent contractor? Who do they work for? What insurance coverage do they have?

All of these things come into play when you are in a car accident with a food delivery driver. Our firm has helped more than 10,000 New Yorkers claim compensation for their injuries. Contact us today for a free consultation and review of your case.

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The Law Office Of Ajlouny Injury Law serves New York City, Queens, Brooklyn, Bronx, Manhattan, Long Island, Nassau County, and Suffolk County.

Disclaimer: The information provided on our website is attorney advertising not legal advice nor a lawyer/client relationship.

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