Food Delivery Accident While Working: Your Rights

If you were injured while working as a DoorDash, Uber Eats, Grubhub, or Instacart driver, ythe legal rights depend on classification status, available coverage, and who caused the accident. Understanding your options is critical to recovery.

Independent Contractor vs. Employee

Gig platforms classify drivers as independent contractors—meaning no workers' compensation coverage. However, California's AB5/Dynamex ruling and similar laws challenge this classification. If reclassified, workers' comp may apply.

If Another Driver Hit You

When another driver causes your accident while you're working: file against the at-fault driver's insurance, pursue your own UM/UIM coverage if needed, platform coverage may apply to your vehicle damage, and personal injury claims proceed normally.

If You Caused the Accident

If you're at fault: personal auto insurance is primary (may deny for commercial use), platform contingent coverage may apply during active delivery, you face personal liability if coverage is insufficient, and the other driver can pursue claims against you.

Platform Occupational Accident Insurance

Some platforms offer optional injury protection for drivers: DoorDash offers occupational accident coverage, Uber provides injury protection for active trips, and coverage varies by platform and state.

Third-Party Claims

You may have claims beyond the at-fault driver: vehicle manufacturer (if defects contributed), road/highway department (hazardous conditions), property owner (parking lot hazards), and restaurant (if loading/unloading injury).

Documentation Essentials

• Screenshot active delivery status at time of accident
• Preserve app data showing order assignment
• Document all medical treatment
• Track lost delivery income
• Photograph vehicle damage and scene