Legal Implications for Delivery Drivers

The gig economy hasn’t just affected those who take side hustles for a little bit of money. It’s completely changed how we live, eat, and get around. Delivery drivers were only solely employed by restaurants. Now, with companies like DoorDash, Uber Eats, and Grubhub, fewer and fewer delivery drivers are employees. They are independent contractors with the freedom to make their own hours. Of course, this changes the legal situation when someone is involved in a crash with a delivery driver.

Have you been hit by a negligent delivery driver? You may have legal options. If you’re ready to talk with our team of Biloxi car accident attorneys, call Gardner Law Group at 228-436-6555.

Delivery Drivers’ Legal Obligations and Responsibilities

Just like every other driver, delivery drivers are expected to take reasonable steps to drive safely while on the road. That means following the law, keeping an appropriate following distance, not speeding, and otherwise minimizing the risk of a collision. When they are involved in a crash, liability can become complicated.

When a personal driver causes a crash, their insurance policy kicks in and generally covers damage caused by the negligent driver. When an employee of a restaurant causes a crash while making a delivery, the employer is held liable for the accident. This makes it fairly simple for the victim to pursue compensation.

But delivery drivers aren’t employees—so they aren’t granted protection by their employer. Independent contractors who work as delivery drivers are responsible for crashes they cause, but who pays depends largely on which company they drive for and what type of insurance they have.

Insurance Coverage for Delivery Drivers

To start, the vast majority of personal insurance policies do not cover commercial activity. This means that if a delivery driver wants their insurance policy to cover accidents they cause while making deliveries, they must have a commercial rider on their plan. It’s fairly rare for a delivery driver to purchase an addition to their policy, though, so chances are good you will not be able to seek compensation through their insurance policy.

The majority of four delivery platforms now provide third-party insurance coverage for their drivers. DoorDash provides coverage for drivers while they are in the “delivery service” period. This period starts when someone accepts a delivery request and ends when they either finish the delivery or cancel it. If a driver is available to accept deliveries but has not accepted one, DoorDash coverage is not applicable.

GrubHub does not offer auto insurance unless you live in California, as it is legally required there. Uber provides coverage in certain circumstances. If you are available and waiting for a delivery request, they cover up to $50,000 in bodily injury per person, up to $100,000 in bodily injury per accident, and up to $25,000 in property damage per accident. Once you are en route to pick up a delivery or drop it off to the customer, the company provides $1,000,000 in third-party liability. Additional coverage is provided for California drivers.

Liability Issues for Victims

Unfortunately, victims may struggle to recoup their losses after a crash with a delivery driver. They may first be sent to the driver’s personal insurance company, who will likely deny the claim unless the driver has added a commercial rider.

From there, they will likely have to contact the company directly. The company and its insurance provider will do their own investigations, further drawing out the process and leaving you without compensation. By the time they accept liability, they may be ready to offer a settlement—but it will likely be less than what you actually deserve.

That’s why it’s important to work with a car accident lawyer in Biloxi and Pascagoula with extensive experience in accidents with delivery drivers. They know the legal challenges you face and how to overcome them.

Fight for Compensation with Gardner Law Group

The team at Gardner Law Group is ready to help you get started with your accident claim. Let’s start with a free consultation where we can learn more about your injuries and other losses. Schedule your personal injury consultation now by calling us at 228-436-6555 or contacting us online.