Delivery drivers for apps like Grubhub, DoorDash, Uber Eats, Postmates, etc. have become a common sight in many cities and neighborhoods across Texas. When there are more delivery drivers on the road, however, there is a higher chance of getting into an accident with one of these drivers.
If a delivery app driver causes a crash, you may be able to file a claim with the delivery company’s liability insurance policy. However, the rules are different for each company. The driver should also have auto liability insurance, should anything go wrong with the app’s coverage.
For a free review of your accident case, call the Dallas car accident lawyers at The Queenan Law Firm today at (817) 476-1797.
Do Delivery Apps Cover Accidents?
When you get hurt in a crash with a delivery driver, the app they are working for might have insurance to cover the crash. For example, both Uber Eats and DoorDash have liability policies that kick in to cover accidents when the driver is actively handling a delivery or is in the mode in their app where they are ready to accept deliveries.
This insurance covers the crash if their driver was at fault. The policy limit is often at least $1 million in injuries per accident, which is often going to be enough to cover your accident.
Can You Sue Delivery Apps for Crashes in Texas?
Lawsuits can be filed against the at-fault driver, and any insurance that covers the accident should still cover the lawsuit. However, you might want to file a lawsuit against their employer if you think it would provide additional damages.
Contractors vs. Employees
In order to sue a company for what its driver does, you need to show
- The driver is an employee, not an independent contractor.
- They were working within the scope of their job duties when the crash happened.
- The crash was caused by the driver’s negligence.
Unfortunately, these apps claim their drivers are classified as “independent contractors” instead of “employees.” This is common of most “gig workers,” and prevents liability for the company that hires them, but only if that classification is correct.
Classification Questions
These apps pick the classification that best protects them from lawsuits, but it is not always correct. In some cases, courts have ruled against this classification based on how much control the app exerts over its drivers, allowing companies to be held responsible as the driver’s “employer.”
However, this is not settled law and must be examined on a case-by-case basis.
Do Delivery Drivers Have Insurance?
Drivers for delivery apps typically need their drivers to have proper licensure and insurance coverage before hiring them. If the driver does not have insurance, then the app’s insurance might not cover them, either.
Auto Insurance Minimums in Texas
All drivers in Texas must carry auto insurance covering at least $30,000 per person for injuries ($60,000 per accident) and $25,000 per accident for property damage. However, delivery drivers might want to carry more insurance, given the higher odds of a crash if they are on the road a lot.
Commercial vs. Personal Car Insurance
Delivery drivers are technically commercial drivers, and they should technically have a commercial policy. If they do not, their insurance carrier might refuse to cover the crash under their personal policy, since the crash happened while they were working.
FAQs for Crashes Involving Delivery Drivers
What About Delivery Drivers Who Work for a Restaurant Instead of an App?
Traditional delivery drivers work directly for the restaurant, and some delivery apps and online orders are still fulfilled by drivers hired directly by the restaurants instead of the app. If they work through an app, they might still be covered under the app’s insurance, even if they are restaurant employees.
Otherwise, the restaurant would be their direct employer, and a lawsuit might be filed against the restaurant for a crash. The specific facts of your case matter, so check with our Fort Worth, TX car accident lawyers.
Will My Insurance Help if I’m Hit by a Delivery Driver?
In Texas, we use an at-fault insurance system, meaning the at-fault driver covers the crash. However, you might have some additional coverages on your policy, like MedPay or collision coverage, to help pay for damages while your case against the other driver proceeds.
If the other driver was uninsured for some reason, your uninsured/underinsured motorist coverage can also kick in (if you have it).
Do Grocery Delivery App Drivers Have Insurance?
Similar rules apply to drivers for grocery delivery apps like Instacart: you can sue the driver, but their app might have insurance to cover them.
Can I Sue if a Delivery Driver Hit My Parked Car?
If your vehicle was unattended and a delivery driver crashed into it, you can certainly file a claim against them. However, it might be difficult to locate the driver and file a claim against them unless they were later arrested for DUI or another crash, or unless you have video of the crash.
In cases where you cannot locate the driver, you might be able to file a claim with your UM/UIM (uninsured/underinsured motorist) insurance for the hit and run or use your collision coverage to pay for the damage.
Can Delivery Drivers Afford to Cover My Injuries?
One of the biggest issues with any car accident is that drivers often cannot cover the serious damages and expenses out of pocket. This is why insurance is required: to make sure they can pay for the injuries they cause.
Because most delivery apps also have an additional insurance policy that kicks in to cover injuries their drivers cause, there often is enough money there to pay for your injuries and vehicle damage, even if the individual driver could not afford to do so on their own.
Call Our Texas Car Accident Lawyers Today
For help filing an injury claim for a car crash, call the Irving, TX car accident lawyers at The Queenan Law Firm at (817) 476-1797.