What to Do if You’re in a Car Accident With a Delivery Driver

What to Do if You’re in a Car Accident With a Delivery Driver

Next time you’re sitting in California traffic, take a moment to consider this: You’re surrounded by delivery drivers.

They’re driving for Uber Eats, GrubHub, DoorDash, Lyft, Instacart, goPuff, Shipt, Postmates, Amazon, FedEx, UPS, pizza places, local restaurants, department stores, and thousands of other companies. In fact, San Francisco is one of the nation’s top 5 food delivery markets and is one of Uber’s top markets worldwide.

So what happens after a car crash that involves one of these delivery drivers? What should you do next?

Delivery Driver Accidents are Happening Every Day

First, seek emergency medical care for yourself and anyone else who is injured. Call 911 for help with injuries and report the accident to the police. Save your medical records and other documentation, including photos/videos of the scene if possible.

Next, it’s important to identify who exactly is involved in your accident. The other driver could be a gig worker, an employee of a restaurant or store, an independent delivery contractor, a trucker, or even a government worker. Who knows?

The U.S. has more than 3.5 million truck drivers and an estimated 16 million gig delivery drivers. During the coronavirus pandemic, hundreds of thousands of newcomers also joined the gig delivery workforce.

Let’s say you get in a car accident and the other person works for Uber Eats. That’s part of Uber, and Uber drivers aren’t employees of the company. Although California has pushed Uber to reclassify its drivers as employees, so far they’re still independent contractors.

In terms of insurance, you’ll need to contact the driver’s own car insurance company or see if they have insurance through the delivery company. Uber offers its drivers (ONLY when the driver has the app ON) liability bodily injury coverage of $50,000 per person and $100,000 per incident, which is a generous policy among rideshare companies. But Instacart and many others don’t offer these policies.

Distance truckers and semi-truck drivers usually drive for big companies that carry large insurance policies. But a small, local delivery truck might be independently owned and insured. As you can see, it’s confusing to sort out who you should contact after your delivery truck accident.

Here’s Why You Need a Lawyer for a Delivery Driver Accident

Whether the other driver has insurance or not, it could be extremely difficult to get them to actually pay for your accident. The various parties involved - the driver, the delivery company, the insurer - often play a frustrating game of pointing fingers at everyone else, including you.

A rideshare driver is typically excluded from insurance coverage unless they are logged into their delivery app and making a specific delivery. So the rideshare company might find a way to say, “Not our problem.”

Many delivery services sidestep the issue entirely and put all the responsibility on a gig driver who is an independent contractor. Even if the person is employed at a local restaurant or pizza joint, good luck getting anyone at that small business to write a check for your accident!

This is why a lawyer’s help can be so valuable. When you hire a car accident attorney, the other side knows you’re not messing around. Now you have the firepower to take on a big trucking company, a nationwide rideshare company, a grocery chain, or whoever else is involved.

Remember, it’s your right to sue a delivery driver after a California car accident. Make sure you have an experienced San Francisco lawyer who understands how these cases play out and can help you place the blame where it belongs.

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Experience a serious Uber Eats car accident in San Francisco?

Check out our San Francisco Uber Accident Page to learn more about how the process works.

We Handle Your Car Accident Claim So You Can Focus on Your Life

After a traffic accident, contact the attorneys at Sally Morin Personal Injury Lawyers. We handle many areas of traffic law, including injuries that arise from delivery driver accidents. We believe you should be able to focus on recovering from your accident while we handle the legal details. We truly care about our fellow citizens in California. Contact us today for a free online case evaluation or call us at 833-SALLY-SF.

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