ClickCease Instacart | Legal Breakdown On Instacart

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Instacart Accidents and Injuries


Filing an Instacart Accident Injury Claim


Nowadays, it’s all about making even the most menial of daily tasks as convenient as possible. So if Los Angeles residents can order take out, ridesharing, and even cannabis with a swipe of the finger on an app, it makes sense that grocery shopping would also be this easy to do. 

Enter Instacart, a grocery delivery app allows you to shop local grocery stores, specialty retailers, and pharmacies from the comfort of your home without having to step out to do it. The company is one of the largest, most widely available grocery delivery services across the U.S., with the delivery app partnering with stores like Costco, Ralphs, Northgate Market, H Mart, and Walmart. 

According to Coresight, more than 36% of adults polled in 2019 bought groceries online in the previous 12 months, up from 23.1% in the 2018 study. Based on U.S. Census Bureau data, the 2019 percentage equates to approximately 93 million online grocery purchasers, a gain of nearly 35 million from the previous year. 

And though Amazon is well-ahead of other retailers in drawing online grocery shoppers, Instacart is growing fast. In fact, the company has seen customer demand soar during the coronavirus pandemic, with the platform seeing a 300% growth since last year. At the start of California’s stay-at-home order, Instacart announced plans to bring on an additional 300,000 full-service shoppers, what they call their workers, in the U.S. to meet the increasing demand.

Like Instacart, grocery delivery services are extremely popular throughout the country, especially in big cities. The rapid rise of food and grocery delivery companies has become a blessing when it comes to convenience. But as the number of food and grocery delivery vehicles in Los Angeles increases, so does the likelihood of car accidents and the resulting injuries.

If you were injured in an accident with an Instacart delivery driver, you need to contact an experienced Los Angeles grocery delivery accident lawyer as soon as possible. You may be entitled to compensatory damages for:

Establishing Liability


In order to become an Instacart shopper, the requirements are simple:

  • Must be at least 18 years of age
  • Have legal authorization to work in the U.S.
  • Be able to lift up to 40lbs without accommodation
  • Have regular access to a reliable car
  • Have regular access to a smartphone capable of running the Instacart Shopper app
  • Must also pass a background check

That’s it! There’s no mention of car insurance in their list of requirements. Sure, if you’re operating a car, it’s common knowledge that you must have the proper insurance coverage. The problem with companies like Instacart that classify their workers as independent contractors and not employees is that they protect themselves from being liable for any damages incurred in accidents involving their drivers. Instead, the liability is placed on the driver, who may or may not know that they need additional insurance because they’re using their cars for commercial and/or business purposes. 

When people sign up with Instacart, they must sign a contract that outlines the terms and conditions of their relationship with the company, which by design makes it difficult for anyone to hold them liable for a car accident. 

Instacart, in fact, does not provide commercial auto insurance for drivers. The contract merely notes that while certain jurisdictions may require commercial auto insurance, it is the responsibility of the independent contractor to determine what insurance they are required to have. So not only do they not assume responsibility for its drivers, but they don’t make it a point to let them know that they may need further insurance if they don’t read the terms and conditions closely. 

Their terms and services read:

“If you have a dispute with one or more Personal Shoppers or Third Party Providers, you agree to release Instacart (including Instacart’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.”

According to AutoInsurance.org, a person’s premium can increase by 50% if they tell their insurance company they’re working as a delivery driver for companies like Instacart. If a driver is involved in a car accident and doesn’t have the proper coverage, the insurance company is within its rights to cancel the policy and decline to pay for any damages to the other driver’s car or the Instacar driver’s own if the accident occurs while on the job. 

It goes without saying that Instacart does not offer any excess insurance for their drivers. To reiterate, the company requires drivers to supply all of their insurance, including health and workers’ compensation, as “independent contractors.”

Filing An Instacart Accident Claim


Drivers for food and grocery delivery companies such as Instacart are more prone to drive carelessly than other drivers because of their incentive to maximize profits. Because grocery delivery drivers are usually paid by the delivery and not by the hour, they are more likely to:

  • Speed
  • Neglect right of way laws
  • Make reckless lane changes
  • Make deliveries while tired
  • Drive while distracted, i.e., texting, looking up an address, talking on the phone, etc.

Food and grocery delivery accident claims can become very complicated, especially when some companies deny that their drivers are employees and argue that they are “independent contractors”. In most cases, employers are not held liable for the negligent conduct of independent contractors. However, these rules and regulations are changing rapidly. 

Available Damages In An Instacart Accident


If you were involved in an accident caused by an Instacart driver, you have the right to seek compensation for your losses. Car accidents often result in property damage and serious injuries that require costly medical care. The aftermath of a grocery delivery accident can be stressful, painful, and challenging for both the accident victim and his or her family.

The types of compensation you can secure for your losses after a grocery delivery accident include:

  • Emotional distress
  • Lost wages 
  • Property loss
  • Medical bills 
  • Loss of consortium
  • Past, current, and future medical bills
  • Pain and suffering
  • Loss of past and future income
  • Loss of earning capacity
  • Loss of enjoyment of life

West Coast Trial Lawyers Is Here to Help


A grocery delivery accident attorney at our firm can help you recover financial compensation for the losses you have suffered, including medical bills, property damage, lost wages, and more.

Call us today at (888) 991-7859 or email [email protected] to schedule a free consultation with our experienced, caring and compassionate legal team.