⚠️ 58% of gig delivery drivers lack adequate insurance. DoorDash and Uber Eats classify drivers as independent contractors to avoid liability. Victims face complex claims against multiple parties.
DoorDash, Uber Eats & Food Delivery Accident Lawyer
The explosion of food delivery apps has put millions of gig workers on the road, often with inadequate insurance. When a DoorDash or Uber Eats driver causes an accident, victims face a complex web of liability involving the driver, the app company, and multiple insurance policies—or no insurance at all.
The Gig Worker Insurance Crisis
Research from the Insurance Journal reveals alarming coverage gaps:
- 58% Underinsured: Most gig drivers lack commercial delivery coverage
- Personal Policy Exclusions: Standard auto policies exclude commercial delivery
- 34% Claim Denial Rate: Insurers deny claims when drivers are "working"
- Gap in App Coverage: Delivery apps only cover certain phases of delivery
- No Commercial Endorsement: Proper coverage costs $50-200/month extra
The Independent Contractor Shield
DoorDash, Uber Eats, and Instacart classify drivers as independent contractors to avoid vicarious liability. This means:
- No Direct Liability: Companies claim they're not responsible for driver negligence
- Limited Insurance: App coverage has gaps and exclusions
- Driver Left Exposed: Drivers bear personal liability without resources
- California Exception: Dynamex/AB5 may classify some as employees
How Food Delivery App Insurance Works
DoorDash Insurance Coverage
- During Active Delivery: $1 million liability, $1 million uninsured motorist
- Waiting for Orders: NO coverage from DoorDash
- Personal Errands: NO coverage from DoorDash
- Deductible: $2,500 collision deductible when applicable
Uber Eats Insurance Coverage
- During Active Delivery: $1 million liability coverage
- Between Deliveries (App On): Contingent liability only
- App Off: NO Uber coverage
- Same as UberX: Rideshare insurance model
Legal Theories Against Delivery Apps
- Agency Theory: App controls how deliveries are made
- Joint Employer: App and driver share employment relationship
- Negligent Hiring: Inadequate driver screening
- Negligent Retention: Keeping drivers with complaints or violations
- Dynamex/ABC Test: California may treat drivers as employees
Settlement Ranges for Food Delivery Accidents
- Minor Injuries: $15,000 - $50,000
- Moderate Injuries: $50,000 - $200,000
- Serious Injuries: $200,000 - $1,000,000
- Catastrophic Injuries: $1,000,000 - $5,000,000+
- Wrongful Death: $1,000,000 - $5,000,000+
✅ Hit by a DoorDash or Uber Eats driver? Call Quick Claim at (773) 839-6086. We connect victims with attorneys who understand gig economy liability.
Frequently Asked Questions
Can I sue DoorDash if their driver hits me?
Possibly. While DoorDash claims drivers are independent contractors, courts increasingly find delivery apps exercise enough control to create liability. DoorDash's insurance covers active deliveries, but gaps exist.
What if the driver has no insurance?
Many gig drivers are uninsured or underinsured for delivery work. Your own uninsured/underinsured motorist coverage may apply. The app's coverage may also apply if the driver was on an active delivery.
How do I know if the driver was on an active delivery?
Discovery in litigation can compel the app company to produce records showing whether the driver was logged into the app, had accepted an order, and was en route to pick up or deliver at the time of the crash.