Food delivery services have become quite popular over the past several years. More people are becoming delivery drivers for companies such as Uber Eats, DoorDash and SkipTheDishes to earn extra income.
But what happens if a food delivery driver for one of these services is involved in a crash? Who is liable for any injuries and damages? You may be surprised to learn that each company has different insurance coverage for their drivers.
If you have been harmed in a car accident, reach out to our legal team at Greg Monforton & Partners to find out what legal options you may have. You may be eligible to pursue significant compensation. An initial consultation is completely free and comes with no obligation to hire our firm.
Although crashes involving food delivery drivers can be caused by several different factors, drivers for these services are often using their own vehicles and may be more likely to drive recklessly. Drivers are generally paid by the number of deliveries they make and not by the hour. This means drivers are more likely to want to make as many deliveries as they can with their time.
As a result, food delivery services drivers may:
These drivers are also more likely to become easily distracted while texting, talking on the phone or looking up a delivery address. All of these distractions can result in a serious accident and injuries.
Delivery drivers must have their own personal auto insurance. However, it may not be enough to cover damages in serious accidents. Some of these companies may carry limited insurance liability in these cases. Below is an overview of insurance coverage provided by food delivery services in Ontario:
Uber Eats offers the most liability protection for their delivery drivers in the event of a crash. The company has a commercial insurance policy that provides $2 million in third-party liability coverage. This coverage helps pay for any injuries and/or damages to property caused by one of their delivery drivers.
However, if the at-fault driver was not making a delivery when the crash happened, this coverage will be reduced to $1 million.
Uber Eats insurance also provides uninsured motorist protection. This coverage can help pay for damage to a delivery driver’s own vehicle if the crash was not his or her fault and the other driver is uninsured.
Unlike Uber Eats, DoorDash offers less comprehensive insurance coverage for its drivers. The company classifies delivery drivers as independent contractors. Independent contractors are not recognized as employees under the law, which could absolve the company of any responsibilities for their drivers.
Drivers must inform their insurers that they make deliveries, and any vehicle damage sustained needs to go through their own policy. The company has limited third-party liability coverage for bodily injury or property damage, but it is only available if the driver has exhausted the limits of his or her policy.
SkipTheDishes does not have a commercial insurance policy. If a delivery driver is involved in a crash, he or she must go through his or her own policy. Drivers must also inform their insurers that they make deliveries. Failure to do so could result in a delivery driver paying out-of-pocket for damages.
If you are injured in a crash with a food delivery service driver, you may need to look to your own insurance. Drivers may have insufficient coverage or may not be protected by a commercial insurance policy. Depending on your situation, multiple insurance companies may be involved and try to deny coverage. This is why it is important to have an experienced lawyer advocating for you.
A lawyer could help you pursue no-fault accident benefits (which includes medical, income, rehabilitation and attendant care benefits) through your insurer. Without access to an insurance policy, you could claim accident benefits against the at-fault driver’s insurer despite his or her coverage.
You may also be eligible to pursue other losses (i.e. loss of income, and pain and suffering) caused by the at-fault driver. This option means taking legal action against the delivery driver for causing you serious harm and possibly the food delivery service company for which the driver was making a delivery for.
Our firm is dedicated to helping injured accident victims obtain the compensation they need. In our 40 years of legal experience, we have successfully recovered $300 million on behalf of our clients.
A car accident lawyer from Windsor is ready to help. Our consultations are complimentary and confidential. You are under no obligation after this initial meeting to move forward. We also charge no upfront fees to take or work on a case. We only get paid for our services if we help you get compensated.
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