If a DoorDash Driver Hits Me, Who Do I File a Claim Against?
If you have been injured in an accident caused by a DoorDash delivery driver, you may be confused about who you can pursue compensation from. It can be unclear whether you should pursue a legal claim against the driver who hit you, whether you can file a claim with DoorDash itself, or whether you should pursue claims against both the driver and the company.
Delivery Drivers Are Not Necessarily More Dangerous Than Other Motorists
Motorists may be understandably worried about getting into accidents with delivery drivers. People may have a conception of delivery drivers being distracted with trying to navigate to customers’ addresses and speeding to timely deliver food. However, food delivery drivers are not necessarily more dangerous than your average motorist. Accident rates are skewed by the fact that food delivery drivers spend more time behind the wheel than your average motorist, making it more likely that they will be involved in a crash. Of course, not every accident involving a DoorDash delivery driver is the driver’s fault.
Determining Fault for a DoorDash Accident
Deciding whether to pursue a claim against a DoorDash driver, DoorDash itself, or both first depends on determining fault for an accident involving a DoorDash driver. If you were responsible for causing the accident, then you obviously have little recourse against DoorDash or its driver. But if the driver caused the accident due to distracted driving, running red lights or stop signs or speeding, then you might have a claim for compensation from the driver or DoorDash.
In addition, determining whether DoorDash has liability also depends on whether the driver was working for DoorDash at the time of the accident. Normally, DoorDash or other delivery companies only have liability for accidents caused by their drivers when their drivers are picking up or dropping off orders, or at the very least be logged into the company’s mobile platform to be available to accept orders.
Pursuing a Claim Against DoorDash’s Insurance
If a DoorDash delivery driver causes an accident while driving for the company, at the very least the driver’s own insurance company will provide coverage for those injured in the accident. DoorDash requires all of its drivers to maintain legally required auto liability insurance policies that provide coverage for their delivery work. The driver’s own insurance policy must serve as the primary coverage in the event the driver causes an accident while working for DoorDash. DoorDash’s own insurance coverage only acts as excess coverage for liability for injuries to third parties.
This can make pursuing an accident claim against DoorDash difficult, especially under circumstances such as:
- There is a dispute about whether the accident occurred while the driver was “working” for DoorDash, as defined by the company
- The DoorDash driver does not have legally required liability insurance coverage
- The DoorDash driver’s own auto policy excludes coverage for commercial activities, such as working for DoorDash
- There is a dispute over the amount of an accident victim’s losses and whether the driver’s own insurance coverage is sufficient to provide full compensation
Contact a Perth Amboy Personal Injury Lawyer to Discuss Your Delivery Driver Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a delivery driver accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at CourtLaw represent clients injured because of delivery driver accidents in Hoboken, New Brunswick, Perth Amboy, East Orange, and throughout New Jersey. Call (732) 442-5900 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 163 Market St., Perth Amboy, NJ 08861, as well as offices in New Brunswick, Roselle, East Orange, Jersey City, Elizabeth, Linden, Newark, Paterson, South Amboy, Trenton.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.