DoorDash Driver Hit Me: Can I Sue DoorDash?

You may be able to sue DoorDash directly, depending on when the accident occurred and what coverage applies. DoorDash maintains contingent liability insurance during active deliveries—but the driver's personal insurance is primary, creating gaps that require legal navigation.

DoorDash's Insurance Structure

Per Insurance Journal analysis, DoorDash's coverage depends on driver status:

• App off: No DoorDash coverage whatsoever
• App on, no order: Limited contingent liability ($50K)
• Order accepted, en route: $1M contingent liability
• Delivering food: $1M contingent liability

The "Contingent" Problem

DoorDash's insurance is contingent—it only applies when the driver's personal insurance is exhausted or denied. If the driver's personal policy covers the claim, DoorDash's $1M coverage never triggers.

Driver Personal Insurance Gaps

Industry research shows 58% of gig workers lack proper commercial coverage. When their personal policy denies the claim for commercial delivery activity, DoorDash's contingent coverage should activate—but disputes are common.

Proving Active Delivery Status

Critical to your claim: was the driver actively on a delivery? Yan attorney in our network can subpoena DoorDash's app data showing: order acceptance timestamps, GPS location during the accident, delivery completion records, and driver status at moment of crash.

Independent Contractor Defense

DoorDash claims drivers are independent contractors, not employees. California's Dynamex/AB5 rulings challenge this classification, potentially creating direct DoorDash liability in some states.

Settlement Ranges

• Minor accidents: $10,000-$40,000
• Moderate injuries: $40,000-$125,000
• Serious injuries: $125,000-$350,000
• Permanent injuries: $350,000-$1M+