Getting into a car accident is usually a troublesome ordeal, but when it involves a delivery driver, things can get much more complicated.
Navigating a personal injury claim against a delivery driver requires you to figure out who is liable after a car accident. It might not just be the driver. Depending on their insurance and title, it could be their employer.
It is more likely for accidents with delivery drivers to involve multiple policies, so you might not who to bring a lawsuit against at first. This is because you may have to consider the driver’s, restaurant’s and delivery company’s insurance policies. Depending on the situation, the driver or the employer could remain protected.
The complexity of your case could depend on the driver’s employer. For example, many restaurants designate their drivers as employees. Often, this means that the employer is liable for your damages. Restaurants typically have a commercial general liability insurance policy in place.
However, many food delivery services like DoorDash and GrubHub only hire drivers as independent contractors. This protects the company from liability and puts the onus on the driver. The delivery driver is then responsible for having their own commercial auto insurance policy. However, if they do not have sufficient coverage while on the job, their insurer could drop their coverage completely, leaving them vulnerable to lawsuits.
Figuring out who is liable after an accident with a delivery driver can help you expedite the personal injury claims process and get you the compensation you need.