DoorDash is one of the most popular food delivery services available in the city of Los Angeles and Southern California. This convenient, app-based service provides food deliveries to customers available from a wide range of restaurants. If you’ve been in an accident involving a DoorDash driver or a driver from another food delivery service, it’s important to know your rights to receive proper compensation. The Law Offices of Jacob Emrani have answers to some of the most common legal questions regarding your DoorDash accident claim.
How DoorDash & Delivery App Accidents Differ From Regular Car Crashes
Dealing with a third-party delivery accident injury claim is different from a regular crash. That’s because the process involves additional steps that include the app’s commercial insurance policy, the driver’s personal policy, and possible gaps whenever the driver is actively driving while offline or in between orders. This can confuse the victim, who may have a difficult time getting compensation when the insurers deny coverage due to “commercial use.” That’s why you need help from an experienced auto accident lawyer in Los Angeles who understands the many nuances of DoorDash and food delivery accident claims.
Does DoorDash Provide Insurance Coverage for Drivers?
DoorDash does provide insurance for California drivers, but it’s only active during very specific delivery periods. Drivers must have their own personal auto insurance policy before becoming a DoorDash driver. The company does have a $1 million liability policy for third-party injury or damage to others, which only applies when a driver is actively on a delivery.
Being active on a delivery means that the driver is on their way to pick up food from a restaurant or on their way to deliver food to a customer. The insurance is only usable if the driver’s personal insurance denies the claim first.
Who Is Liable in a DoorDash or Food Delivery Accident?
If a driver is involved in an on-the-job car accident while driving for DoorDash, who is liable? Also, who pays for a DoorDash accident? Here are some examples of who might be considered the liable party in these types of vehicle accidents.
The Delivery Driver
The delivery driver may be liable if or when fault is proven. In this case, the driver is instructed to file a claim with their personal delivery driver accident liability insurance company first, and it typically covers limited liability for bodily injury and property damage.
DoorDash’s Third-party Liability Coverage
DoorDash’s third-party liability coverage is only in play if the driver’s insurance company denies the claim. This commercial policy offers contingent “excess” coverage, which means that it only pays after the driver’s claim denial, or when limits are too low to cover damages to the third party.
Another Driver Involved
A different driver involved in a multi-vehicle accident that also includes a DoorDash driver could be to blame. These types of accidents occur most frequently during peak periods when more drivers are on the road at the same time.
Employer vs. Contractor Legal Distinctions
The classification of the driver is important to determine who may be liable in DoorDash driver accident claims in California. Employers are usually liable for the actions of their employees when they drive a company vehicle. Since most DoorDash drivers are considered independent contractors, they’re usually personally liable for the accident instead of the company.
Shared Liability Under California’s Comparative Negligence Rule
California’s pure comparative negligence rule means that if you are partly at fault for an accident, you can still recover damages. However, your payout is reduced by your percentage at fault, and the rule allows the court to assign fault percentages to all parties. If you’re the plaintiff, your compensation is lowered based on your assigned share of fault.
What to Do If You’re Hit by a DoorDash Driver
Here’s what to do if you have been hit by a DoorDash delivery driver.
- Step one: Call 911 for police and medical help, ask for medical assistance if you need it, and move to a safe area if possible.
- Step two: Get a written police report, the DoorDash driver’s license, insurance, and contact information, along with any witness statements.
- Step three: Take clear photos and videos of the damage, the scene of the accident, road conditions, and injuries, if applicable.
- Step four: Try to find out if the driver was actively making a delivery at the time of the accident.
- Step five: Contact DoorDash to inform them about the accident and give them your personal contact and insurance information.
- Step six: Keep all records and documentation from the accident, and contact an experienced food delivery accident lawyer before you give any statements to insurance.
Filing a DoorDash Accident Claim as an Injured Driver, Passenger, or Pedestrian
DoorDash insurance coverage for an accident and the claim process as an injured driver, passenger, or pedestrian is mostly the same. The driver will still need to file the claim with their personal insurance first, even when the accident involves a passenger or pedestrian instead of another driver.
What Happens If the DoorDash Driver Was Working at the Time of the Crash?
If a DoorDash driver was working during the “delivery service period” at the time of the crash, the company’s commercial auto insurance may provide coverage. They usually step in after the driver’s personal insurance is exhausted to possibly cover additional damages, or damages for other parties (such as a passenger or pedestrian).
Can You Sue DoorDash Directly?
You can directly sue DoorDash in some cases, but you must prove that the company’s policies or technology directly caused the accident. You could also sue them for a DoorDash insurance coverage accident if you can prove there were specific policy failures, such as not enforcing safety or using negligent hiring practices.
Common Mistakes People Make After Food Delivery Accidents
There are a few common mistakes people make after food delivery accidents, such as apologizing or admitting fault, or downplaying their injuries. Skipping medical care and failing to document evidence from the accident are other common mistakes that some people may make. Not reporting the accident to DoorDash and talking to insurers too soon can also jeopardize your claim.
How a Food Delivery Accident Lawyer Helps You Win Your Claim
An experienced rideshare and delivery accident lawyer in Los Angeles knows the complex laws regarding gig economy insurance in California to help you win your claim. They also know how to prove liability, handle aggressive insurance companies, and calculate all of the damages you’re entitled to. They also understand how to fight for fair compensation, keeping you from settling for less than you deserve.
Contact Jacob Emrani Today
If you’ve been hurt in a DoorDash delivery accident, The Law Offices of Jacob Emrani are the go-to Los Angeles law firm for delivery-related injury claims. With over 25 years of experience, we’re committed to helping residents of Los Angeles, Orange County, and other nearby areas with personal injury cases. If you’d like to consult with one of our attorneys, contact us today to schedule an appointment.