What if I'm Injured While Working as a Delivery Driver?
What if I'm Injured While Working as a Delivery Driver?
Do you work as a delivery driver in San Francisco, Los Angeles, or another California community? There are an estimated 3.5 million employed delivery drivers and 16 million gig delivery drivers in the U.S. and about 36,400 of them work right here in California.
Maybe you’re driving for Uber Eats, GrubHub, DoorDash, Instacart, goPuff, Shipt, Postmates, Amazon, FedEx, or UPS. Or maybe you work for one of California’s many restaurants, furniture stores, retail stores, or other businesses with delivery service.
In a job like this, getting injured is a constant risk for you. An injury can happen in an instant, and now you’re hurt and possibly out of work for weeks or months to come.
Dealing With the Aftermath of a Delivery Accident
When an accident happens, make your health a priority and seek emergency care for yourself and anyone else who’s injured. Accept medical assistance and save the documentation of your care.
If you’re able to do so, take photos or videos of the scene of your injury. Identify who else is there, including any nearby witnesses, and gather their contact information.
What happens next will depend on what occurred when you were injured and who else was involved. Did a trucker hit you while you were making deliveries? Were you injured by an Uber driver? Was a scooter rider or pedestrian at fault?
Your status working as a delivery driver also matters. Are you an employee of the company or are you an independent contractor? Were you actively working when the injury occurred?
A delivery driver is typically excluded from insurance coverage unless they are logged into their app and making a specific delivery. Uber, for example, views its drivers as non-employee independent contractors, shielding the company somewhat from injury claims.
California has had controversy surrounding the gig work law that attempted to reclassify some types of delivery as “presumed employees” instead of independent contractors. Uber, Lyft, and other companies refused to comply with the law and put millions of dollars into passing Proposition 22 to keep rideshare drivers as independent contractors. Prop 22 passed in November 2020. Learn more about Prop 22's implications here.
Who Will Pay for My Injuries?
Start by reporting your injury to your employer. Most large delivery services like GrubHub and DoorDash have online reporting systems you can use to submit the details of your injury. Share the date, time, and location of the injury but don’t make accusations or go into too much detail without talking to a lawyer first.
You may be able to find some financial relief by using your health insurance to cover some or all of your doctor’s appointments, ongoing therapy, and prescriptions. For other costs, you will likely need to make an insurance claim with your employer’s insurance or the other person’s insurance company.
California requires $1 million insurance policies in case of accidents with bodily injuries. This is good news for someone who needs help paying the costs associated with an injury.
However, there’s no guarantee any particular insurance company will cover your claim. Coverage always depends on the details of the policy. If you are an independent contractor driver, you may be relying on a partner policy you chose from Allstate, Progressive, Liberty Mutual, or another insurance company.
An insurance claim can potentially cover the majority of your financial losses including your medical bills, car damage, and more. You may also need to seek additional compensation from another party's insurance company or a personal injury lawsuit depending on what happened.
Gig Delivery Driver? The Timing Matters
If you’re a rideshare or gig delivery driver, you’re only paid for certain periods. This is why it matters so much to know which of the following three periods applied when you were injured.
Period 1: You were offline or the app was off.
If you were not actively using the app and working as a rideshare driver, your personal insurance coverage applies.
Period 2: You were available or waiting for a request.
If you were working but not actively transporting a passenger, you may be able to use the other person’s third-party liability coverage if your personal auto insurance doesn’t apply. With Uber, for example, this includes $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident.
Period 3: You were en route to pick something up or actively driving for deliveries.
If you were picking up an item/passenger already on the way to delivery, you may be able to use state-mandated $1 million in liability insurance. This typically includes bodily injury coverage, contingent comprehensive and collision coverage, and reimbursement up to the cash value of the car with a $1,000 deductible.
Request Full and Fair Compensation for Your Injury
After an injury while making deliveries, don’t let anyone talk you into suffering in silence or accepting a lowball offer. It’s your right to seek compensation when someone hurts you.
Contact the team at Sally Morin Personal Injury Lawyers to discuss what happened and learn your options. We’re here fighting for full and fair compensation for California’s injured workers.
"Sally just got me a ton of $$$$$ from a scooter accident that I had two years ago. She is easy to relate with and is “good people.” I thought I would not be able to get much back for this accident because I waited so long, and the specifics of the claim were messy. Despite these complications, she kept us from going to trial as she negotiated with the insurance company like a pro (and got more than I expected). It has been quick and easy and I am so grateful. I am getting a check in record timing! Amazing Attorney…Call her up!"
We Handle Your Personal Injury Claim So You Can Focus on Your Life
After an injury, contact the attorneys at Sally Morin Personal Injury Lawyers. We handle many areas of the law, including delivery driver accidents. We believe you should be able to focus on recovering while we handle the legal details.
We truly care about the people of California. Contact us today for a free online case evaluation.