Are Food Delivery Companies Responsible for Accidents?

Published on Jun 16, 2022 at 10:49 am in Food Delivery.

To get straight to the point, yes, food delivery drivers, like any driver on the road, can be responsible for causing a car accident. The deeper issue here really is can a food delivery company be held liable for damages in a car accident. California law is very clear that if an individual is driving to perform employment-related work or doing a task on their employer’s behalf, then the driver’s employer is liable for whatever injuries may be caused in the event of a crash caused by the worker. 

While many food delivery drivers in California are still considered to be independent contractors instead of employees, this does not absolve the company from liability. California law requires food delivery companies to carry insurance and provide coverage for losses caused by drivers in certain situations. 

These claims are complicated, and you want a food delivery accident lawyer in San Diego to handle your case. 

Delivery Driver Insurance

Under California law, the required liability coverage for drivers is just $15,000 per individual for personal injuries. As you might imagine, $15,000 might cover one simple surgery but would be wildly low if someone had become, for example, permanently disabled or required extensive rehab, surgeries, and care.

Additional Coverage by Companies

Like most states, California requires rideshare companies to provide coverage for certain accidents and injuries, though this law does not directly apply to food delivery companies. Corporate coverage increases the available coverage significantly when it is available. However, even if a company has additional coverage, it does not make the claim process any easier. 

The insurers for food delivery companies will try to fight liability and limit your payment, just like any other car accident insurance claim. Always have a lawyer handling the claim process – especially when it involves corporate insurers. 

Coverage from the Major Food Delivery Companies

If you’ve been injured in a crash by a food delivery company, it may be helpful to know what you can expect from each company’s insurance:

• Grubhub: They do not carry any insurance for their drivers. As California law continues catching up with the ride and delivery app boom, the company might need to provide coverage soon.
• Uber Eats: When a driver logs into the UE app, the bodily injury liability coverage of $50,000 per person and $100,000 per occurrence activates. In the actual act of transporting food, that limit bumps up to a million dollars and remains in effect until the driver hands you the food. 
• Postmates: A driver must be transporting food (not driving empty-handed to a restaurant or leaving a drop-off empty-handed) in order for Postmates’ insurance to activate. This serves as extra or secondary coverage, again, after the driver’s individual policy is maxed out.
• DoorDash: Their coverage works basically the same as Postmates. 

Contact a California Food Delivery Accident Lawyer

If you’ve been injured by a food delivery driver, you’ll want a lawyer who knows how to weed through the complex insurance issues. Contact us at Ride App Law Group to start the process and fight back.