Instacart Driver Accident: Can I Sue Instacart?

You may be able to pursue claims against Instacart when their shoppers cause accidents during deliveries. Like other gig platforms, Instacart maintains contingent liability insurance during active orders—but the structure creates gaps requiring legal navigation.

Instacart's Insurance Model

Instacart uses a similar structure to other gig platforms per Insurance Journal analysis: shopper personal insurance is primary, Instacart maintains contingent commercial coverage, and coverage activates during active shopping/delivery.

Coverage During Active Orders

• App off: No Instacart coverage
• App on, no order: Limited contingent liability
• Shopping in store: May not cover driving
• Driving to customer: Higher contingent coverage
• At customer location: Coverage continues

The Personal Insurance Gap

Industry data shows most personal auto policies exclude commercial delivery. When the shopper's personal insurance denies coverage, Instacart's contingent policy should apply—but disputes arise.

Independent Contractor Issues

Instacart classifies shoppers as independent contractors. California's AB5/Dynamex rulings and similar laws in other states challenge this classification, potentially creating direct Instacart liability.

Building Your Case

Critical evidence includes: police report documenting the shopper's delivery status, Instacart app data (obtained by subpoena), shopper's personal insurance denial letter, and medical records documenting injuries.

Settlement Expectations

• Minor accidents: $10,000-$35,000
• Moderate injuries: $35,000-$100,000
• Serious injuries: $100,000-$300,000
• Permanent injuries: $300,000+