Since Uber entered the food delivery industry with the introduction of Uber Eats in 2014, the system has completely changed, causing certain regulations to fall into place. In the past, most food transportation was handled internally by an employee of the company, like a pizza delivery boy, for example. However, many third party companies have invaded the field and diluted the waters with independent contractors.
Nonetheless, the currents continue to change with the debut of California’s AB5 Bill and Prop 22. West Coast Trial Lawyers understand the recent changes in the law and know how it will affect you personally. For a free consultation, contact our 24/7 legal team today by calling 213-927-3700 or filling out our quick contact form. Our food delivery accident attorneys will be happy to answer any questions about food delivery insurance policies.
Previously, many food delivery drivers were hired internally as tipped employees. While under the employment umbrella, this offered many drivers several benefits, including vacation time, sick time, health insurance, and unemployment benefits.
When the societal trends aimed towards outsourcing delivery companies, services such as Uber Eats and DoorDash, hired several drivers as independent contractors. As an independent contractor, many common employee benefits are denied as the driver is not actually considered to be part of the company.
On September 18th, 2019, the California State Senate signed AB5 into law. Under AB5, all California independent contractors were classified as employees. This meant that not only were they eligible for employee benefits, but they were also protected under the company’s insurance policy. Therefore, if you got into an accident with an Uber driver, the company would likely have been held liable for the damages rather than the individual.
However, Prop 22 passed on November 3, 2020, which reclassified rideshare and food delivery drivers as independent contractors. Employee benefits were also stripped away. This ballot was later declared unconstitutional by the Alameda County Superior Court. Uber and other app-based services announced their intent to appeal to the decision. The ballot is expected to make its way to the California Supreme Court. Until then, Prop 22 will still be in effect until a final decision has been made.
Portier LLC is a division within Uber that manages all the delivery services for the company. Uber Eats offers coverage that is nearly identical to the coverage provided to UberX drivers. Uber clarified their policies on their website with the following:
$1 million of liability coverage per incident. Uber holds a commercial insurance policy with $1 million of coverage per incident. Drivers’ liability to third parties is covered from the moment a driver accepts the request to deliver meals or goods to the time the delivery is complete.
Contingent comprehensive and collision insurance. If a delivery partner holds personal comprehensive and collision insurance, this policy covers physical damage that occurs to the vehicle during a trip up to the actual cash value of the vehicle, for any reason, with a $1,000 deductible.
$50,000/$100,000/$25,000 of coverage between trips. During the time that a ride-sharing partner is available but between deliveries, many personal auto insurance policies will provide coverage (this is not true). However, if the driver does not have applicable coverage, they have a policy that covers the driver’s liability for bodily injury up to $50,000/$100,000/$25,000 (per individual/accident/property damage).
If you have sustained injuries as a result of a food delivery accident, our food delivery accident attorneys at West Coast Trial Lawyers can help you recover compensation for your losses, which includes medical bills, property damage, lost wages, and pain and suffering.