Cueria Law Firm, LLC
Injured in a food delivery driver accident?
Whether you were the delivery driver or not, getting into food delivery driver accidents can lead to some complex claims and questions regarding who is liable. You need the knowledge and experience of a New Orleans car accident lawyer to get the compensation you deserve for the injuries and damages you’ve incurred.
Nowadays, convenience is a top priority for most. That said, food delivery services and their corresponding applications have reinvented the ways in which we order food, with many applications and services being operated with a click of a button without having to leave the comfort of your home. Typically, restaurants partner with these companies in order to provide their customers with food delivery services through a mobile app.
Some of these services include:
Especially during and following the COVID-19 pandemic, the use of these services spiked with many restaurants closing their doors for dining-in service and now, food delivery driver accidents are drastically increasing.
However, by increasing the number of drivers on the roads, there are more risks carried when sharing the roads with these drivers, or even working as a driver yourself.
The questions that arise are:
When determining liability in food delivery driver accidents, it is important to note that most delivery drivers are considered independent contractors by the companies they work for. This means that the drivers are not classified as employees under the law which allows the companies they work for to avoid liability when food delivery driver accidents occur. Thus, drivers are required to provide their own personal insurance.
While these companies often carry policies with $1,000,000 liability coverage, Louisiana, La. Rev. Stat. Ann. § 45:201.1 permits Transportation Network Companies, such as Uber, to reject the underinsured motorist coverage. Similarly, La. Rev. Stat. Ann. § 45:201.7(A)(3) shifts the responsibility of acquiring UM coverage for ride-sharing activity under personal insurance policies to transportation network company drivers.
This leaves many injury victims fighting for compensation for their injuries but stuck with minimal limits under a driver’s personal policy. Another issue that arises is that many insurance companies have the right and will deny payment for claims that arise out of accidents involving companies like Uber.
Portier LLC, a subsidiary of Uber, is the entity that provides car insurance to Uber Eats drivers. Uber Eats insurance operates under a similar scheme as Uber used for ridesharing which varies depending upon which step of the delivery process they are in at the time of the accident. The coverage is summarized below:
Thus, in Louisiana, this last category of coverage would not apply because Louisiana drivers are required to carry at least coverage of at least $15,000 for bodily injury or death of one person in an accident caused by the driver of the insured vehicle, $30,000 for total bodily injury or death liability in an accident caused by the driver of the insured vehicle, and $25,000 for property damage per accident caused by the driver of the insured vehicle.
Shockingly, Grubhub does not provide auto insurance coverage to their drivers, but it does require their drivers to obtain personal auto insurance. This means that injury victims can only pursue a claim against the driver and the driver’s own insurance company, regardless of whether the driver accepted delivery or was in the middle of completing a delivery. There are simply no circumstances in which Grubhub provides any coverage.
Similar to Uber Eats, Postmates provides its drivers with insurance coverage from the time an order is accepted up until the delivery of the food to the customer. During this time, Postmates provides liability coverage including both coverages for bodily injury and property damage. However, the company does not provide coverage when the driver is online, waiting for a new order.
DoorDash provides auto insurance coverage to its drivers from the time the food is picked up to the moment the food is delivered to the customer. However, coverage is only provided if the driver and food are inside the vehicle at the time of the accident. Like Postmates, no coverage is provided during the time that the driver is waiting to accept a new order.
Sometimes, the first difficulty with an accident with a food delivery driver is identifying that they are working or making a delivery for one of these services. Some drivers make their capacity known with a sticker or emblem being placed in their windows. If not, it is important to contact an attorney to obtain this information following your accident.
Your attorney will be able to request a disclosure from the driver or the company to determine the coverage at the time of the accident. Determining liability is not always a straightforward process, and it is vital that you have an attorney by your side to assist you in navigating this process.
If you are injured in a car accident involving Uber or another food delivery service, you will need to consult an accident attorney who has experience with these issues and can answer your questions regarding insurance coverage and compensation.
While working as a delivery driver can be lucrative, especially following the COVID-19 pandemic’s spike in deliveries, there are a variety of risks assumed as a food delivery driver, including the risk of getting in an auto accident while on the job.
The following are steps a driver should take following an accident that occurs while completing a food delivery:
Lastly, contact a personal injury attorney who can provide assistance in your case. Litigating these large companies can be complex and exhausting, and it is very important to have the help of an attorney when doing so.
Those who have been involved in food delivery driver accidents should contact our Louisiana personal injury attorneys today. We will review your case and determine if you have legal rights to file for monetary compensation. Let our experienced attorneys work for you by contacting our office today to schedule a free consultation.
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