As the nation stayed behind closed doors to ride out the coronavirus pandemic, delivery drivers were critical in keeping us stocked up and fed. Despite the lockdown being lifted, demand for meal deliveries is still high resulting in record profits for leading companies like Ubereats, DoorDash, and Grubhub. However, the downside is increased collisions on the job as drivers are pressured to complete as many orders as possible within a short timeframe.
Delivery driving is demanding work, but it is not just the drivers at risk in a crash. If you were injured as another motorist, cyclist, or pedestrian, a Delray Beach food delivery car accident lawyer from the Law Offices of Anidjar & Levine can help. Our personal injury lawyers can evaluate the facts of your case to determine who is financially responsible for your injuries.
Liability In A Food Delivery Car Accident Is Often Unclear
Determining liability in food delivery accidents can be complex. These types of cases often involve multiple parties and insurance policies which cover some collisions but not others. Dealing with a challenging claim while recovering from your injuries and keeping on top of your bills may seem overwhelming, but we can take care of that for you. Let’s start by exploring your legal options for recovering compensation if a food delivery driver injures you.
After the accident, you will likely claim using your personal injury protection (PIP) coverage for your damages, regardless of who is at fault per Florida’s car insurance laws. However, if your injuries are serious enough to exceed the limits of your policy, it may be possible to recover the shortfall from either the driver or the food delivery company.
How Our Delray Beach Food Delivery Car Accident Attorneys Can Help
Without knowledge of the specifics of your situation, it is difficult to pinpoint who is liable for your injuries. As such, we provide a free consultation to help you determine your legal options. If we can help, we handle every aspect of your claim by providing the following services:
- Answering your questions and providing regular case updates (you will be given your attorney’s direct cell number).
- Managing all paperwork and communications with parties involved in your case.
- Investigating the accident to determine who is liable and which insurance policy or policies apply.
- Gathering the evidence required to build a detailed case to substantiate your claim. This can include employee driving records, sobriety tests, eyewitness testimony, red light camera footage, cell phone video, photographs, vehicle maintenance records, and employee background checks.
- Evaluating your current and ongoing financial damages.
- Negotiating for a fair settlement.
- Taking your case to court if required.
Keep in mind there is limited time to seek compensation per Florida Statutes § 95.11(3)(a). This law generally allows four years for injured parties to begin civil action against a negligent party. Additionally, surviving families have two years to file a wrongful death lawsuit per the same statute in the event of a fatal accident.
Compensation Available In Food Delivery Car Accident Cases
The compensation you could recover after being injured by a food delivery driver varies on a case-by-case basis. However, we typically pursue the following types of economic damages on behalf of our clients:
- Medical bills and treatment costs
- Rehabilitation costs
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Disfigurement or disability
- Lost or damaged property
Most food delivery drivers are classified as independent contractors and not employees. As such, the onus is on the driver to ensure they have appropriate auto insurance coverage for business use. However, some food delivery companies – especially app-based companies- provide liability coverage which could apply in your case. Here is an overview of some of the insurance available to drivers of leading food delivery companies:
Postmates provide liability coverage of up to $1 million per accident for couriers above what the driver’s insurance policy covers (known as excess coverage).
DoorDash provides excess coverage of up to $1 million in auto liability for its drivers, but it only applies while the ‘Dasher’ is on active delivery.
Unlike other companies, Grubhub does not provide liability insurance for their delivery drivers.
While Ubereats does provide third-party liability coverage for its drivers, it only applies in certain situations, and the app must be active. For example, while the driver is waiting for a delivery, coverage is limited to $50,000 in bodily injury liability per injured person up to a maximum of $100,000 per accident and $25,000 in property damage. On the other hand, if the driver causes an accident on the way to a location with food, Ubereats provides up to $1,000,000 in combined third-party liability insurance.
Caviar provides its drivers with some auto liability insurance, but it only applies when drivers are on delivery through the app. For accidents caused outside of these limits, the driver must ensure they have appropriate levels of auto coverage.
Drivers for Dominoes need to purchase commercial delivery driver insurance coverage. While Dominoes does carry liability insurance, it is designed to protect the restaurant franchise rather than the driver.
Our lawyers can help you to determine what insurance coverage is available to you and will manage the legal process on your behalf.
You Worry About Getting Better. Let Our Delray Beach Food Delivery Car Accident Attorneys Take Care of Everything Else
At the Law Offices of Anidjar & Levine, we know how difficult and frustrating it is to be injured through no fault of your own. As such, we work hard to reduce your stress by taking on the legal responsibility of fighting for the compensation you deserve. From the moment you hire us, we put our experience, knowledge, and resources to work for you so that you can focus on getting better with peace of mind that your case is in good hands.
Contact our food delivery accident lawyers for a free consultation to discuss your circumstances and learn more about your legal options for pursuing compensation today.
We Can Help.