Accidents can happen when you least expect them, and can be anything from a tap on your bumper to a serious, life-threatening situation. With thousands of people driving for food delivery apps like Uber Eats and Doordash, it is important to understand how accidents involving delivery drivers differ from normal auto accidents. The main difference comes down to whether or not the driver was online in the rideshare or delivery app, and whether or not they were actively making a delivery. 

If you were injured by an Uber Eats, DoorDash, or other food delivery driver in the Boston area, Lionhart Injury Law can help. Contact us to discuss your case, or read on to find out more.

What makes accidents involving food delivery drivers different from normal accidents?

While food delivery drivers for UberEats and Doordash are technically personal contractors rather than employees, their companies still provide insurance. This complicates the process of receiving compensation after an accident with an Uber Eats or Doordash driver, as several insurance providers may be involved. 

Difference 1: Insurance Providers and Online versus Offline Status

Accidents involving UberEats and Doordash drivers are complex due to “online” versus “offline” status. Insurance coverage for drivers is different based on whether or not they are actively “online” and working in the UberEats of Doordash apps. 

A driver is “offline” in the app, it means that they are either logged out of their account, or not actively working by accepting food pickup orders. An “online” driver is one who is logged into their account and is actively working by accepting available food delivery orders. Drivers who are offline do not receive any insurance from UberEats or Doordash, and are only insured by their personal insurance, with minimum coverage varying by state. Luckily, Doordash and UberEats require their drivers to have adequate personal auto insurance. 

Online drivers are insured by UberEats and Doordash’s third-party liability insurance policies. While actively working, delivery drivers for these services are insured to varying amounts based on what their delivery status is. 

Difference 2: Delivery Status

One of the other complex aspects of accidents involving UberEats and Doordash drivers is their delivery status. Delivery status simply refers to what phase a driver is in during the process of fulfilling an order. 

While insurance policies vary between UberEats and Doordash, the most critical period during delivery is the time when a driver is “en route.” A driver en route has accepted an order, retrieved it at a restaurant, and is actively driving the order to the customer who ordered it. During this phase of delivery, both UberEats and Doordash drivers may be insured up to $1,000,000. 

Difference 3: Vehicle Type

The type of vehicle a delivery driver is operating also matters with regards to accidents and insurance coverage. Doordash in particular has different insurance policies for automobile drivers versus e-bike and motorized bike drivers. 

When is a food delivery driver at fault for an accident?

Delivery drivers have the same duties and responsibilities as other drivers in any given state. If a delivery driver fails to meet the responsibility of a safe and sensible driver and causes an accident, they are liable (most of the time). 

What actions may cause a delivery driver to be liable for an accident?

• Driving over the speed limit (Speeding)
• Distracted driving, such as
  • Repeatedly looking at a phone or other mobile device
  • Looking at a phone, mobile device, or GPS for an extended period of time
• Driving while under the influence of drugs or alcohol
• Reckless driving (swerving, accelerating and decelerating irregularly)
• Violation of traffic laws, such as
  • Failing to maintain a safe distance from other vehicles
  • Failure to use turn signals
  • Driving outside of designated lanes
  • Driving on the wrong side of the road
  • Failing to pay attention to signage and stoplights 

Who else could be liable in a food delivery accident?

If an accident involving a delivery driver is not entirely their fault, other parties may be found partially liable. If another driver causes a delivery driver to get into an accident which affects other drivers, the first drive is liable. If road conditions are unacceptable for driving (poor signage, broken traffic signals, inclement weather, damage to road) and cause a delivery driver to get into an accident, the authorities which manage that road may be liable. If the accident is caused by a vehicle issue or defect, the driver’s automobile manufacturer may be found at fault. In short, there are many factors which affect liability. For this reason, it is important to be prepared in the event of an accident. 

What should I do if I’m in an accident involving a food delivery driver?

Immediately After: Safety First

The first and most important thing to do in the event of an accident is to prioritize safety. If the accident occurs on a busy roadway, be sure to pull over (if possible) and turn on your hazard lights to alert other drivers to the situation. Assess your own condition as well as that of any passengers in your vehicle. (Is anyone injured? If so, how badly?)

Except in cases where only minor vehicular damage occurs, you should contact the police. This is important even if only minor injuries were sustained, as the police report is an official document which can be submitted to the at-fault drivers’ insurance company when compensation is sought. Be sure to request a copy of the accident report, and ask for the responding officer’s name and badge number for your records. EMS should be called if there are any injuries and you should accept medical care if injured. 

Shortly After: Document Everything

Once the safety of all passengers is accounted for and emergency services have been contacted, you can begin to analyze and document the accident.*

If you’re physically able to do so, take as many photographs as possible. Document any injuries, the condition of all vehicles involved (from many camera angles), and the full scene. Pay special attention to weather conditions, road conditions, and debris or skid marks at the scene. Take note of any security cameras nearby, as they may have captured footage of the accident. Having evidence of all damages and injuries caused by an accident is critical. 

If the accident took place in a busy area, other drivers or pedestrians may stop to check on you. Get contact information for as many of these witnesses as you can, as they can provide statements about the accident. 

You should also talk to the delivery driver who is at fault for the accident. The only exception to this is situations where the driver is very intoxicated, seriously injured, or is acting violent towards you, such as in cases of ‘road rage.’ If possible, get the other driver’s contact information and insurance details.

In accidents where the at-fault driver is an UberEats or Doordash deliveryperson, you should always ask if they are currently working and making a delivery. If you can see a delivery order in their vehicle, take a photo to document that they were actively making a delivery. Delivery status will impact what insurance coverage the delivery driver has. 

Finally, contact your auto insurance company to provide the basic details of the accident. 

When should you contact a lawyer following a food delivery accident?

Navigating the aftermath of an accident can be difficult, especially if you or a passenger has been injured. If another driver is at-fault for an injury or damages caused to you or another passenger, it is worth getting in touch with a lawyer. Our team at Lionhart Injury Law in Boston has had countless years of experience handling cases with automobile accident injuries. Let us take the pressure off of you after an accident so you can focus on what matters: recovery.