Food delivery accident claims are very complicated. It’s not uncommon for some of these companies to outright deny that their drivers are employees and argue that they are “independent contractors”. In most cases, legally speaking, employers are not held liable for the negligent conduct of independent contractors. However, given the passing of AB5, the rules have changed. It is recommended to consult with an experienced food delivery attorney who specializes in these cases. It is not a good idea to pursue a claim on your own.
The three most commonly used food delivery services in the Los Angeles area are DoorDash, Uber Eats, and Postmates. Insurance policies for these companies vary in regards to the amount of coverage they provide for damages arising from food delivery accidents. Below is a comprehensive breakdown of insurance policies used by these three companies.
According to DoorDash’s website, they provide excess auto insurance for DoorDash drivers, but only for property damage or bodily injury caused to third parties. DoorDash requires a personal auto insurance policy for all drivers, which serves as the primary coverage in the event of an accident. The driver’s own automobile insurance is considered primary coverage.
If your damages exceed the delivery driver’s policy, and the accident happened when the driver was on active delivery, DoorDash’s contingent liability policy of $1 million will go into effect.
Insurance coverage for Uber Eats is similar to an insurance policy for the Uber ridesharing company. If the app is currently on and the driver has not yet begun to pick up or deliver food (or if the driver is in between deliveries), the driver is covered for up to $50,000/$100,000/$25,000 (per individual/accident/property damage)
If the driver is on an active delivery (already accepted a request and is picking up or delivering food), auto liability coverage increases to $1 million. Please note that Uber Eats’ insurance policy will not cover any accidents involving uninsured or underinsured drivers.
Postmates’ insurance coverage is similar to DoorDash. Postmates provides $1 million in excess liability to third party claims and will only come into play after the Postmates driver’s personal auto insurance coverage has been exhausted.
Postmates offers additional coverage called “accidental occupational liability” coverage, which allows up to $50,000 to cover the costs of medical expenses for injuries suffered while on the job.