Since the beginning of the COVID-19 pandemic, Americans have heavily relied on food delivery services to eat the foods they enjoy from the restaurants they love. Even before the pandemic, we relied on services like DoorDash, Postmates, Grubhub, Instacart, and other delivery services to make our lives easier. In addition to getting food delivered, many Americans use these services as an opportunity to make extra income. Delivery services have quickly changed our lives.
But, like many other advances in the industry, the law must adapt to keep us safe. As delivery service companies grow, there are more drivers on the road. More drivers on the road increase the risk of car crashes and injury claims.
Delivery drivers make their money in volume, meaning the more stops they make, the more money in their pockets. The incentive to make as many stops as possible leads to careless driving. Delivery drivers may speed, run stop signs, fail to yield, or make other reckless mistakes on the road. Cutting corners while driving leads to other drivers getting hurt or killed.
Understanding the following steps can be overwhelming if you have been injured in an accident with a delivery service driver. Hiring a qualified accident attorney can help you get through the process of filing a claim to filing a lawsuit. We have decades of experience helping our clients get back on their feet following an accident. Call or visit us online to schedule a free consultation today. We are here to help you get the compensation that you deserve.
Five Steps to Take After an Accident With a Delivery Driver
Knowing what to do after an accident can be difficult. You or your passenger may have been severely injured. You may be facing an extended hospital stay. It is even possible that someone lost their life after an accident.
The attorneys at Arash Law headed by Arash Khorsandi have the legal experience that you need on your side. We have collected over $500 million in damages for our clients. For decades, we have been trusted by accident victims to jump-start their journeys back to their lives. We are here to help you and your family, too.
If you do not know what to do after getting into an accident, take the following five steps.
- Call 911
Get help as soon as possible after an accident. You will need to file a police report. The police report will become a part of the insurance company’s investigation.
Remain calm and get first responders to the scene as soon as possible. You will want to evaluate your physical condition. Check yourself for injuries. If you have passengers, look for any damages they may have. Report what you find to the 911 operator.
Remember that not all injuries are immediately apparent. You or your passengers may have a soft tissue injury like a sprain, strain, contusion, or concussion that may not become obvious for hours or days after the accident. Ask your passengers questions. If their mental state seems off or they seem confused, let the 911 operator know that information, too.
- Get Medical Attention
Even if you do not think you are injured or think your injuries are minor, you need to see a doctor. Do not prevent the EMTs from checking your vitals or taking you to the hospital if they decide to be further evaluated.
Acute injuries should be treated first. If your injuries are not severe, the EMTs may not immediately take you to the hospital. However, be sure to see a medical professional if you are hurt as soon as possible. Failure to comply with medical professionals may allow the insurance company to deny your injuries entirely.
- File a Report
The police will respond to the scene of the accident. If the drivers and passengers can speak to the officer, the officer will ask questions about what happened. If the drivers and passengers are taken to the hospital, the police will come to the hospital to speak with you later about what happened. In the meantime, officers will speak to pedestrians and other witnesses to get the facts of the case.
Each driver also must file a claim with their insurance company. Each insurance company will investigate to determine fault. You must cooperate with the police officers and your insurance company and answer their questions honestly. Failure to report an accident and cooperate with the subsequent investigation may be grounds for increased insurance premiums or cancellation of the insurance policy.
- Start Gathering Evidence
Start collecting evidence as quickly as you can. Evidence begins to deteriorate immediately after the impact. To preserve evidence from the scene, collect the following information:
- Take pictures and videos of the accident scene, your injuries, and the damage to your property.
- Talk to the other driver and their passengers. Remember that the other driver’s passengers are not obligated to speak with you, but you should still try to get a statement.
- Get the witnesses’ names and contact information.
- Get a copy of the other driver’s license and automobile insurance information
- Take in further details of the scene. Listen to what the other driver and passengers say even if they are not speaking directly to you or your passengers. You will want to remember their demeanor for future purposes.
- Keep track of your medical records and your medical bills.
- Call Our Firm
Getting the medical care that you need after an accident can be difficult on your own. You may need the assistance of a qualified accident attorney to help protect your rights. We have decades of experience negotiating with big insurance companies and faceless defense firms. We have successfully gotten our clients the money they need to recover. Call or contact us online for a free consultation.
Where Do I File an Injury Claim?
Crashes are common with delivery drivers. Drivers for companies like DoorDash and Postmates use their vehicles instead of company cars. Being comfortable in their cars can lead to more reckless driving among delivery drivers. Accidents between delivery drivers and third parties are usually caused by:
- Delivery drivers speeding
- Delivery drivers failing to yield the right of way
- Reckless lane changes by delivery drivers
- Driver fatigue
These big companies generally have insurance policies that cover injuries and property damage. You may end up making multiple claims with different agencies. Below are some avenues an accident victim can take to receive compensation for injuries.
You will file an insurance claim with the responsible party’s insurance company and your insurance company to stay compliant with the terms of your policy. The other driver must file a claim with their insurance company too. Each insurance company will investigate, and a fault will be decided.
Claim With Another Driver’s Insurance Company
Every driver in California must have minimum car insurance liability policy limits. If the other driver in an accident is at fault, you may file a claim with the other driver’s insurance company. Another driver’s liability insurance policy limit may cover your injuries.
California minimum liability insurance policy limits are as follows:
- $15,000 per person for bodily injury
- $30,000 per accident for bodily injury
- $5,000 per accident for property damage
File an Uninsured or Underinsured Motorist Claim With Your Car Insurance Company
15% of California drivers are uninsured. If you get into an accident with an uninsured driver, you may think there is no hope to get your damages covered. However, your insurance policy may offer uninsured motorist coverage. Uninsured motorist insurance covers a driver’s damages if they are involved in an accident with a driver that does not have car insurance.
Sometimes your injuries are more expensive than the at-fault driver’s policy limits. If you find yourself in this situation, you can file an underinsured claim with your insurance company. Uninsured motorist coverage and underinsured motorist coverage are optional insurance protection. However, having these protections can help compensate you after an accident.
File a Claim With the Delivery Company’s Insurance Provider
Delivery companies like DoorDash, Postmates, Grubhub, and others have insurance policies for their drivers. However, each company has its policy about when the insurance coverage takes effect. If the driver was not working at the time of the accident, then the company’s insurance will not pay your claim. However, if the driver was working at the time of the accident, you may file a claim with the company’s insurance company.
Companies like Grubhub and DoorDash require that the driver’s personal auto insurance policy limits are exhausted before their insurance policy will take effect. Deliver company insurance policies usually do not cover the driver. The policies typically only cover third-party drivers.
How Much Money Will I Get From a Delivery Company’s Insurance Policy?
Delivery companies must protect themselves with comprehensive insurance policies that cover injuries to third parties if their drivers get into an accident. What follows are examples of delivery company policy limits
DoorDash Insurance Coverage
DoorDash is one of the biggest delivery companies and is widely available to consumers across the country. As one of the biggest companies in the business, it employees the most people. The more drivers, the higher the likelihood of car accidents with third parties. To cover the potential loss that the company may suffer from accident claims, DoorDash carries a $1 million insurance policy covering medical expenses and property damages incurred by third-party accident victims.
If a driver has property damage while working for DoorDash, they are not covered by its insurance policy. The driver will have to claim with their own auto insurance company.
Uber Eats Insurance Coverage
Uber Eats carries a third-party liability commercial insurance policy of $2 million. This money is not used to pay for injuries sustained by its drivers. Uber Eats only has insurance coverage for third parties who suffer injuries or property damage because of the negligence of one of its drivers. However, Uber Eats has an uninsured motorist policy for drivers to file a claim and recover for injuries if the other driver is at fault and does not have car insurance.
The $2 million insurance coverage only applies if the driver was making a delivery at the time of the accident. If the driver was not working making a delivery at the time of impact, the insurance policy limit is reduced to $1 million.
Postmates Insurance Coverage
Uber Eats acquired Postmates, Inc. Postmates drivers complete millions of deliveries every month. Many deliveries put the company at risk for car accidents involving its drivers. Postmates has a $1 million insurance coverage policy to pay damages for third parties injured after an accident with its drivers.
SkipTheDishes Insurance Coverage
SkipTheDishes is unique because it does not carry commercial insurance, meaning that there is no safety net for drivers if they are in an accident while they are working. Drivers for SkipTheDishes must inform their insurance company that they use their vehicle for commercial purposes. If the driver fails to inform their insurance company, their policy may be canceled, and the driver may be forced to pay the victim’s damages out of pocket.
When Do I Need an Accident Attorney?
An accident attorney protects an accident victim’s rights after an accident. An accident attorney will help you understand what insurance company to file a claim with, who to name as a defendant in a lawsuit, and how to complete other procedural requirements correctly.
When an accident victim tries to negotiate with an insurance company alone, the insurance company may take advantage of the victim’s naiveté. An accident lawyer removes the risk of being railroaded by an insurance company. If you have an accident attorney on your side, there is no more blame-shifting from the insurance company. Accident lawyers get the responsible party to pay for the accident victim’s damages.
Insurance claims and lawsuits involve extensive investigations. An experienced accident lawyer can complete the paperwork correctly, negotiate a settlement and get the most out of a payment.
Contact Our Firm Today
If you have been involved in an accident, call the personal injury attorneys at Arash Law led by Arash Khorsandi, Esq. We have decades of experience assisting accident-related injury victims across California. We have recovered $500 million in compensation for people who need it. Call us today at (888) 488-1391 or visit us online today to schedule a free consultation.
