Managing Partner
The rise of food delivery apps like DoorDash, Uber Eats, and Grubhub has made getting a meal easier than ever, but it has also led to more delivery-related accidents on California roads. Drivers rushing to meet delivery times, distracted driving from constant app updates, and unclear insurance coverage can leave victims unsure who’s responsible for their injuries.
This guide explains how liability works in delivery driver crashes, how insurance coverage applies, and what options are available for pursuing compensation after an accident involving a food delivery vehicle.
Who Can Be Held Liable in a Food Delivery Accident?
Liability after a delivery driver accident depends on several factors, including whether the driver was “on the app” at the time of the crash and what insurance coverage applies. Potentially liable parties include:
- The delivery driver – if their negligence caused the collision.
- The delivery company – in limited cases where company insurance applies.
- Other motorists or third parties – such as another negligent driver or a vehicle manufacturer.
Each case requires a close look at whether the driver was logged into the app or actively completing a delivery. That distinction often determines whether company insurance coverage applies.
DoorDash, Uber Eats, and Grubhub Insurance Coverage
Each major delivery platform provides insurance for drivers under certain conditions. However, coverage varies depending on whether the driver is waiting for an order, picking up food, or making a delivery:
- Offline (not logged into the app): The driver’s personal auto insurance applies.
- Online but not yet assigned a delivery: Limited liability coverage may apply (often up to $50,000 per person for bodily injury and $25,000 for property damage).
- Actively delivering: Commercial coverage of up to $1 million in liability insurance may apply.
While that sounds straightforward, insurance companies often dispute claims, especially when determining whether the driver was considered “active” at the time of the crash.
The Independent Contractor Problem
Delivery companies assert that their delivery drivers are independent contractors, not employees, in part to avoid traditional employer liability for driver negligence. However, this doesn’t mean the companies are free from responsibility.
Companies like DoorDash may be held vicariously liable for their drivers’ negligence under agency and employment-law principles, but the issue remains an evolving and unsettled area of law as gig-economy platforms continue to characterize drivers as independent contractors. Establishing liability often requires a nuanced, fact-intensive showing of the company’s control over drivers, the nature of the work performed, and the degree to which the delivery service benefits from the driver’s conduct. Because these cases involve open questions of law, and because delivery companies vigorously litigate them, having experienced, knowledgeable legal representation is essential to hold the company accountable and maximize recovery for the injured party.
Compensation After a Delivery Driver Accident
If you’re injured in a delivery-related crash, compensation can include:
- Medical expenses and rehabilitation costs
- Lost income and reduced earning capacity
- Property damage
- Pain and suffering
Depending on the facts, victims may have claims against the driver, the driver’s insurer, and possibly the delivery company’s policy. An attorney can help identify all available sources of compensation and handle the complex insurance negotiations that follow.
What to Do After a Delivery Accident
Taking the right steps after a crash involving a delivery driver can strengthen your case:
- Call the police and report the accident.
- Exchange contact and insurance information with the driver.
- Take photos of the vehicles, scene, and any app screens if possible.
- Seek medical care immediately.
- Contact a personal injury lawyer to help identify coverage and protect your rights.
Holding Delivery Companies Accountable
Although delivery platforms often deny liability, accident victims shouldn’t assume they have no recourse. California’s evolving laws on gig work and insurance requirements mean that each case deserves a thorough review. Whether your crash involved DoorDash, Uber Eats, or Grubhub, you may still be able to recover full compensation with legal representation.
Get Legal Help After a Food Delivery Driver Accident
If you were hurt in an accident involving a delivery driver, don’t face the insurance companies alone. The injury lawyers at Casper, Meadows, Schwartz & Cook can help you understand your rights and pursue compensation from all responsible parties. Our team has decades of experience representing injured Californians and holding negligent drivers and the companies behind them accountable.
Contact us today for a free consultation to discuss your case.