California Postmates Accident Attorneys
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California Postmates Accident Attorneys Advocate For The Legal Rights Of Injured Victims
Over the past several years, Postmates has been a large part of the growing gig economy. Angelenos have been using this service since 2011 to get anything they need by downloading an app. Postmates has changed the way that Californians get the things they need. Ordinary people can commission workers to deliver almost anything they can think of, like candy, tools, socks, milkshakes, batteries, and more.
That’s what makes the concept of Postmates different from other delivery services. You can order fast food or bandages, whatever you need, and get it at your doorstep in a flash. With the success of Postmates, there are a lot of opportunities for drivers to make extra money, and people are taking advantage of it. The more delivery drivers Postmates hires, the more drivers are on the roads in Los Angeles.
An increase in cars on the road and an increase in accidents. California Postmates accident attorneys can help protect your rights if you have been hurt in a wreck. The question on everyone’s mind is: What happens if I get into an accident with a Postmates driver? Well, you may have to file an insurance claim with several entities. You may end up filing a lawsuit against the driver, the company, and your auto insurance policy.
Knowing where to start can be overwhelming. Hiring a California Postmates accident attorney to help you through the process can make the process more manageable. Our California personal injury lawyers have years of experience assisting clients in pursuing compensation. If you have been involved in an accident, call us at (888) 488-1391 to schedule a free initial consultation with our skilled lawyers.
Who Will Pay My Medical Bills After I Am In An Accident With A Postmates Driver?
Usually, the answer to this question is straightforward. Generally, whoever caused the accident is liable for the victim’s damages. Victims may file a claim through the at-fault party’s insurer. That principle applies to accidents with Postmates drivers, too. However, the accident victim may need to take steps to pursue sufficient compensation to address their losses.
Is The Postmates Driver Responsible For My Harm?
The short answer is yes. The more complicated answer is, what happens if there is not enough insurance to pay for all the damages they caused? Postmates drivers use their vehicles. To be a driver for Postmates, the driver must have their own auto insurance coverage. California law requires all drivers to have car insurance.
Every driver must have minimum liability coverage of $30,000 per person for bodily injury and $60,000 per accident, as required by California law. It is the driver’s responsibility to have adequate auto insurance coverage in case of an accident while on a delivery. However, if the harm the accident victim suffers is greater than the driver’s policy limits, the victim may still explore additional options for compensation. That is when the company’s insurance kicks in to cover the difference.
When Does Postmates’ Liability Insurance Coverage Kick In?
If injuries exceed the driver’s liability insurance policy limits, Postmates’ liability insurance coverage may cover the difference, under certain circumstances. Accident victims must know that insurance coverage is available from the company. Victims may have more avenues to pursue compensation if they file claims against both the company and the driver.
Postmates takes responsibility for the negligence of its drivers in narrow circumstances. Postmates will only accept responsibility for the driver’s accident if the driver is working. The driver must have been picking up an item or delivering an item to a customer. Postmates has been involved in its fair share of lawsuits from accidents throughout its existence.
To help protect its assets, Postmates has moved in the direction of its counterparts, Lyft and Uber, and increased its liability insurance coverage. Postmates has an insurance policy limit of $1 million. If the Postmates driver was negligent, you may be able to pursue a claim with the company’s insurance policy.
An experienced accident attorney can help you investigate the accident to identify potentially liable parties once you file an insurance claim or a lawsuit. The legal team at Arash Law has years of experience helping clients pursue compensation for their losses.
Delivery Drivers Must Have A Commercial Insurance Policy
There is a risk that the driver’s insurance company will refuse to pay the victim’s claim if it finds out that the driver was working for a delivery service. The insurance company may not be obligated to pay the victim’s damages if the driver fails to get commercial insurance from their insurance company. The driver may fail to inform their insurance company that they are using the vehicle as a work vehicle, which could potentially void the policy.
Settlement in a bicycle versus taxi cab company accident; client suffered lower leg injuries.– Judd Ross Allen
What Types Of Accidents Are Postmates Drivers Typically Involved In?
Roads
Restaurants
Supermarkets
What Are Some Common Accident Injuries?
Postmates drivers who work at similar companies make their money in volume. Postmates drivers do not get paid by the hour. They get paid by the delivery. There is an incentive for drivers to make as many drop-offs as possible to increase their paychecks.
The downside of moving too quickly is the increased risk of making mistakes. Drivers may get careless when moving too fast, and carelessness can lead to accidents. Injuries range from minor to catastrophic. Examples of common injuries include:
- Broken bones
- Facial deformities
- Hearing loss
- Cuts and bruises
- Sprained ankles, wrists, and hands
- Nerve damage
- Concussion
- Traumatic brain injuries
- Paralysis
- Damage to the spinal cord
If you have been hurt in an accident involving a Postmates driver, you may be able to pursue compensation. Our car accident lawyers who focus on Postmates accidents have years of combined experience representing clients involved in traffic-related accidents.
Some insurance companies may try to settle accident claims quickly and offer a low amount. Having a legal team on your side that understands the insurance company’s tactics can help prevent an unfair claims process.
What Damages Can Victims Pursue After An Accident?
Car accident victims typically receive the same kinds of compensation. Damages that may be available in a car accident case include:
- Reimbursement of medical expenses
- Rehabilitation costs
- Property damage
- Loss of income and loss of ability to earn
- Emotional trauma
- Pain and suffering
- Punitive damages
What Should I Do After An Accident With A Postmates Driver?
There are some critical steps to take after you are involved in an accident. Evidence from an accident scene can deteriorate as time passes. The more evidence you preserve, the better equipped you’ll be to support your accident claim.
After an accident, you must call 911. You will likely be connected to an operator who will send police, firefighters, and an ambulance to your location. When a police officer arrives on the scene, you will speak to them and give them details of the accident if you are able.
Proper documentation of your injuries is essential in building your case. You should see a doctor even if you do not believe you are injured or think your injuries are minor. Do not prevent the EMTs from taking your vitals or taking you to the hospital if needed.
The EMTs may not take you to the hospital immediately if your injuries are not severe. However, if you are injured, you should see a medical professional as soon as possible. Not following medical advice could compromise your claim.
Collect evidence as soon as possible. After an impact, evidence begins to degrade rapidly. Take the recommended steps to preserve evidence:
- Photograph and videotape the accident scene, your injuries, and the damage to your property.
- Interview the other driver and his passengers. Although the other driver’s passengers are not obligated to speak with you, you should still attempt to obtain a statement.
- Make sure you get the names and contact information of the witnesses.
- Copy the license and insurance information of the other driver.
- Observe the scene more closely. Listen to what the other driver and passengers say, even if they are not directly speaking to you. You will want to remember their demeanor for future purposes.
- Keep track of your medical records and your medical bills.
Do not incriminate yourself. It is tempting to let a polite apology out after an event as emotional as a car accident, but resist the urge to apologize to the other driver. Remember that everyone involved in the accident, including the other driver, their passengers, and your passengers, may be called to testify about what they remember about the accident at trial. Further, do not speak to the other driver’s insurance company without legal representation.
Getting medical care or compensation for property damage and lost wages after an accident can be difficult on your own. To protect your rights, you may need the assistance of a lawyer. Our personal injury attorneys have experience negotiating with different insurance companies and defense firms.
What Is The Process For Suing Postmates For Damages If I Am A Driver?
Postmates drivers may have some coverage in the event of accidents or injuries. If you are injured in an accident while working as a driver for Postmates, you must prove that the company was negligent. There are four elements to negligence:
- The driver must prove that the company owed them a duty of care.
- The company breached the duty of care.
- Because of the company’s breach, the driver was harmed.
- The incidence of negligence led to the driver’s physical injuries.
Each of these elements must be proven. If they are not confirmed, the driver may not be able to receive compensation for their injuries. Follow these steps after getting into an accident while working as a Postmates driver. How an employee can prove negligence after an accident at work:
- Receive Medical Assistance Immediately — Your injuries may worsen if you delay treatment. Remember, some injuries may not show symptoms right away. Being examined by a doctor as soon as possible, even when you do not think you need to go, will help document your harm and identify if you are struggling with a soft tissue injury.
- Collect Evidence as Quickly as You Can — Take pictures and videos of the accident scene. Talk to the other driver and their passengers and get their contact information. As time passes, be sure to keep track of your medical records and medical bills, document property damage, and take pictures of your vehicle that show the injury sustained during the accident.
- Get the Other Driver’s Insurance Information — If you get hurt while inside a business, talk to the manager to get the correct contact information and file an incident report.
- Call Our Postmates Accident Attorneys — An experienced advocate on your side can guide you after getting hurt in an accident. Getting compensation after a workplace injury can be challenging in certain cases, but the California personal injury lawyers at Arash Law, headed by Arash Khorsandi, Esq., can assist you throughout your claim.
What Types Of Coverage Can You Expect From Postmates Insurance?
As a part of its onboarding process, Postmates informs each of its drivers that their vehicle must carry the minimum amount of liability coverage that the state requires. Postmates also clarifies that drivers are responsible for damage to their cars.
Still, there have been times when Postmates has assisted drivers in paying damages to third parties when they are in an accident while working for the company. Postmates carries some insurance to protect its drivers in an on-the-job accident. The types of insurance that the company carries are:
- Accidental Occupational Liability Coverage — Postmates offers occupational liability insurance for its drivers if they are hurt on the job. Under this policy, Postmates drivers can pay their medical bills up to $50,000 if they are injured while picking up items or making deliveries for the company.
- General Liability Coverage — If a driver damages a third party’s property, Postmates has general liability insurance coverage available to help pay the damages. Postmates carries a public liability insurance policy of $1 million to cover damages caused by delivery workers delivering products to customers on foot or by bike.
- Excess Liability Coverage — Postmates insurance coverage pays damages sustained by a third party if they are in an accident with a Postmates driver, up to $1 million per accident for bodily injury or property damage.
While Postmates provides these coverages and limits, it’s important to understand that they apply only to actual damages incurred, which may vary.
What Is Covered Under Postmates Occupational Accident Insurance?
Postmates drivers can use the occupational accident insurance available from the company. The occupational accident insurance policy covers medical, disability, death, and survivor payments incurred by a delivery driver while performing their duties. This coverage applies as soon as the driver begins working as a delivery driver for Postmates.
Postmates’ occupational accident insurance policy covers the following:
- $500 per week in temporary disability benefits.
- Weekly payments for total disability up to $500 per week.
- $100,000 for accidental death that occurs on the job.
- $100,000 in survivor’s benefits.
- $200,000 in accidental dismemberment benefits.
If you or a loved one has been injured while working for Postmates, a personal injury lawyer can guide you through the legal process of filing a claim.
Postmates Additional Policy Perks
Postmates offers its employees a free membership to a service called One Medical. One Medical gives Postmates workers same-day appointments with medical providers if they are hurt on the job.
What Won’t Postmates Insurance Cover?
Postmates insurance will not cover damage to a driver’s car caused by an accident while the driver was working. Postmates explicitly states in its agreement with its drivers that drivers must carry auto insurance and use that insurance to pay for damage to the driver’s vehicle.
Recommended insurance coverage for delivery drivers includes:
Individual automobile insurance coverage
Every driver must have personal auto insurance coverage before they begin to drive for a delivery company like Postmates. Personal car insurance policies generally do not cover vehicles used as business vehicles. If a driver applies for private insurance coverage and fails to state how they will use the car, the insurance company may deny a claim after an accident that happens at work.
Commercial insurance
A driver can contact their insurance company and add commercial insurance to their existing policy. Commercial insurance covers a driver for any accident while the driver is working. The cost of commercial insurance coverage is dependent on how the driver uses the vehicle.
Business-use insurance coverage on the delivery vehicle
Business use coverage attaches to a rider in the car. If you occasionally use your vehicle to make deliveries for Postmates, you are covered if you are in an accident that occurs while you are working. If you make deliveries full-time, you may not qualify for this type of coverage.
Call Our California Postmates Accident Attorneys
Our California Postmates accident attorneys at Arash Law, led by Arash Khorsandi, Esq., have represented numerous clients involved in accidents. We can assist you in pursuing compensation that may be available, depending on the facts of your case.
Our legal team offers legal services in San Diego and all surrounding areas. Our legal team also serves clients in Sacramento, Los Angeles, San Francisco, Riverside, Santa Clara, Bakersfield, Santa Barbara, San Jose, Fresno, Sherman Oaks, and throughout California.
Contact our California injury firm at (888) 488-1391 to schedule a free initial consultation. One of our experienced personal injury attorneys will sit with you and evaluate your case during the consultation. We can explain your legal options and outline the steps involved based on the details of your case.
