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Ontario Personal Injury Law Firm

driver making a food deliveryFood 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.

Crashes Involving Food Delivery Drivers

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.

Food Delivery Insurance Coverage

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:

Making Deliveries for Uber Eats

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.

Making Deliveries for DoorDash

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.

Making Deliveries for SkipTheDishes

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.

Financial Compensation for Injured Victims

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.

Get Answers to Your Legal Questions Today

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.

Free Case Evaluation. Ph: (866) 320-4770

driver operating a vehicle without a licenceIf you have been involved in an accident with an unlicenced driver, you may be concerned about his or her lack of insurance or means to pay for your losses.

Regardless of whether the other driver has never held a licence, has an invalid or expired licence or has a suspended licence, it is important that you understand your rights and potential legal options in these cases.

A Windsor car accident lawyer from our firm is prepared to help you seek maximum compensation for your injuries and damages. Learn if you have a valid claim during a free legal consultation. There is no risk in calling us and no obligation to take legal action after this initial meeting.

Guidelines To Operate a Motor Vehicle

It is against the law to drive without a licence. The Ontario Highway Traffic Act states that it is illegal for a person to operate a vehicle when they are not qualified. If drivers are caught with an invalid licence, the vehicle will be impounded for seven days and result in a fine of at least $200 and up to $1,000.

In Ontario, there are 12 different types of licences. The class of licence you have must match the type of vehicle being driven. To operate a motor vehicle (car, van or small truck),  you must have a Class G licence. This class of licence is also required to operate any other type of vehicle with the exception of motorcycles. For new drivers, obtaining a Class G licence is a two-step licensing process.

A Class G1 licence allows drivers to only operate a vehicle with an accompanying full licenced driver with at least four years of driving experience. A Class G2 licence gives drivers full driving privileges.

Liability in Accidents With Unlicenced Drivers

Ontario is a no-fault insurance province. This does not mean that no one will be found at fault in the event of an accident. In any accident there will be a determination of fault. This includes accidents involving unlicenced drivers. What is different in a no-fault system is how a claim will be paid out.

Generally, the insurance company of the at-fault driver will be responsible for paying out on claims for their insured party and the other party involved. However, in a no-fault insurance system, it does not matter who is at fault. Even if the other driver was driving without a proper licence when he or she hit you, you would need to go through your own insurance company to cover your losses.

Can I Sue an Unlicenced Driver?

In order to take legal action against an unlicenced driver, you must be able to prove negligence. This means showing that the other driver had a duty of care to prevent harm to you, this duty of care was breached and this breach directly resulted in your injuries and caused you to suffer damages.

Driving without a licence is not inherently negligent. Determining whether negligence caused or contributed to an accident will vary on a case-by-case basis. This is why it is important to consult with an experienced lawyer to get a better understanding of your rights.

Allowing an Unlicenced Driver to Use Your Vehicle

Vehicle owners will be breaching their insurance if they permit someone to drive their vehicle who is not authorized or qualified by law to do so.  A vehicle owner must take reasonable steps to ensure that the driver is both able and qualified to use his or her vehicle.

If the unlicenced driver causes an accident, the insurance generally follows the vehicle, not the driver. The owner of the vehicle could be considered liable for the accident and held responsible for paying any damages — regardless of the licensure status of the at-fault driver.

Reach Out to Our Legal Team Today

Our legal team at Greg Monforton & Partners have extensive experience handling a variety of car accident cases. We have helped recover millions of dollars in compensation on behalf of our clients. This includes $6.3 million for the victim of a rear-end accident who suffered a severe traumatic brain injury.

An initial consultation is 100 per cent free of charge. You pay nothing up front if we represent you and no fees while we work on your potential case. We are standing by to take your call or chat online.

Have Questions? We have Answers. Ph: (866) 320-4770.