With thousands of delivery drivers on the roads daily, DoorDash has become one of the most popular food delivery services in New York. Unfortunately, DoorDash delivery drivers can become involved in accidents, especially when navigating unfamiliar areas.
Whether you’re hurt while driving, walking, biking, or otherwise sharing a road with a DoorDash driver, a collision involving a DoorDasher often leaves you wondering who is responsible for paying your medical bills and other losses.
Unfortunately, this isn’t always straightforward. Coverage for losses often depends on what the driver was doing in the DoorDash app at the time of the incident. Whether the driver was offline, waiting for an order, or actively making a delivery can impact which insurance policy applies.
A DoorDash accident lawyer in New York can understand how DoorDash accident insurance coverage applies as you pursue your claim for justice.
KEY TAKEAWAYS
- To file a lawsuit for pain and suffering after a car accident in New York, you’ll have to meet the “serious injury threshold” necessary to move beyond the no-fault system.
- Soft tissue injuries like whiplash often don’t leave many physical signs, allowing insurance companies to argue that their symptoms are minor and unworthy of significant compensation.
- The experienced New York car accident lawyers at Chopra & Nocerino can help you deliver a legal knockout, proving the debilitating impacts of your soft tissue injuries and securing the compensation you deserve.
Can You Sue a DoorDash Driver After an Accident in New York?
You may be able to sue a DoorDash driver after an accident in New York. However, generally, your injuries must be severe enough to meet New York’s no-fault threshold. Otherwise, you must make a personal injury protection claim.
If your injuries are serious enough and the driver is to blame, you can sue the other driver directly, provided you can prove DoorDash driver accident liability.
Unfortunately, DoorDash drivers are typically independent contractors and not employees. This means that DoorDash itself isn’t automatically vicariously liable for losses caused by the driver.
The company does have third-party insurance that’s involved in certain cases, though, which can complicate your case since multiple insurance companies are often involved.
How DoorDash's App-Based Insurance Policy Works
As with many app-based delivery services, DoorDash’s insurance coverage depends on what the delivery driver was actually doing at the time of the incident.
Timestamps and dispatch data are typically used to determine a driver’s status when an accident happens, and that status matters.
When the Driver Is Offline
If the driver is offline, then DoorDash’s insurance doesn’t apply. The driver’s own insurance coverage does, and any claim will need to be made directly against the driver.
When the Driver Is Logged Into the App but Waiting for an Order
If the Dasher is logged into the app and waiting for an order, then they are not yet covered by DoorDash’s liability insurance. Their own liability insurance applies.
When the Driver Is Picking Up or Delivering an Order
If the driver is picking up an order, they are actively dashing. This means that DoorDash’s insurer would cover the costs if the driver is at fault. DoorDash’s insurance policy could pay up to its $1 million policy limits for bodily injury and property damage claims.
Is DoorDash Legally Required to Carry This Insurance in New York?
Since DoorDash is a delivery company, it’s natural to assume that it operates under the same insurance laws as Uber or Lyft. However, that’s not actually true.
Uber and Lyft are both classified as transportation network companies (TNCs). TNCs are required to follow New York’s statutory insurance requirements for rideshare companies.
DoorDash, however, is a delivery platform. It’s not a rideshare service since it doesn’t transport passengers.
Although it’s not required, DoorDash voluntarily maintains commercial insurance for qualifying deliveries under its own insurance program. Whether that coverage applies depends on the driver’s status within the app at the time of the collision and the terms of the applicable insurance policies.
Why App-Based Delivery Accident Claims Are More Complicated
Car accident claims with app-based delivery drivers are more complicated than typical car accident cases for many key reasons. Here are some of the biggest reasons these cases are more complex.
- Multiple insurers: Many different insurance companies may be liable. This makes it more difficult to determine which one actually must pay.
- Coverage disputes: Insurers often try to deny legitimate claims. The more insurers are involved and trying to shift blame, the harder it can be to determine which company should pay.
- Determining driver status: Since DoorDash provides coverage only when the driver is actively dashing, determining the driver’s status is critical to understanding which insurance coverage applies.
- Independent contractor relationships: Dashers and other delivery drivers are often independent contractors, so vicarious liability rules don’t apply.
- Delays in accepting responsibility: The driver and DoorDash may delay the claim until you need money to cover bills, then make a low settlement offer.
- Electronic records and app data: Obtaining data from the DoorDash app and the driver’s cell phone can be important to determine the driver’s status.
Who May Be Liable After a DoorDash Accident?
There are multiple potential defendants in a DoorDash accident case. Here are some of the possible parties who could be held liable:
- The DoorDash driver if their negligence or carelessness behind the wheel caused the crash.
- DoorDash’s insurance carrier, depending on what the driver’s status was at the time of the accident
- Another negligent driver whose careless or unsafe actions contributed to the collision.
- The owner of the vehicle if someone else owned the car or negligently entrusted the vehicle to the Dasher at the time of the accident.
What If You Were a Pedestrian, Cyclist, or E-Bike Rider Hit by a DoorDash Driver?
DoorDash accidents don’t just affect people in cars. Pedestrians, bicyclists, scooter riders, and e-bike riders are all at risk of serious injuries because they don’t get protection from their vehicles from the force of a crash.
If you’re a pedestrian, cyclist, or bicycle rider, you have a couple of options when a DoorDash driver hits you. These include:
- Recovering compensation from the driver or from DoorDash itself
- Making a claim on your own uninsured or underinsured motorist (UM/SUM) coverage
- Researching eligibility for the Motor Vehicle Accident Indemnification Corporation (MVAIC), which sometimes compensates victims of an accident for medical care costs when they are injured by uninsured or unidentified motorists
Damages Available in a New York DoorDash Accident Claim
Depending on the circumstances, you may be able to recover many different kinds of damages from the DoorDash driver or the third-party insurer that represents DoorDash. Some of the damages you may be able to recover include:
- Medical expenses incurred to date
- Future medical treatment
- Lost wages to-date
- Reduced earning capacity going forward
- Pain and suffering
- Property damage
- Rehabilitation expenses
- Permanent disability or disfigurement
- Loss of enjoyment of life
Common Challenges in DoorDash Accident Cases
You’re likely to face challenges in DoorDash accident cases. Some of the most common issues that can arise include:
- Insurance companies are denying coverage and claiming another insurer should provide compensation
- Disputes over driver status if it’s not clear whether the driver was dashing at the time.
- Delays obtaining app records if DoorDash isn’t cooperative
- Multiple insurance adjusters who are all trying to disprove your claim and downplay your injuries
- Comparative negligence arguments that could result in reduced compensation if you’re found partially to blame
- Serious injury threshold considerations under New York law that determine if no-fault rules apply
Why Legal Representation Matters in Delivery Driver Accident Cases
Chopra & Nocerino attorneys are fighters who treat their clients like family. The team is made up of Real New Yorkers who understand the law and who can help at every step. Having the right attorneys matters because your attorney can:
- Gather evidence to prove the cause of the accident, including obtaining DoorDash records
- Work with you to prove the extent of the damages by obtaining medical records, witness testimony, and expert testimony
- Determine which insurance coverage applies and stand up to big insurance companies to maximize your chances of getting fair compensation
Our team has recovered large verdicts and settlements, and our past client testimonials show we understand how to build successful claims against delivery drivers.
Injured by a DoorDash Driver? Don't Assume the Insurance Process Is Simple
Chopra & Nocerino are here to help you understand your rights and pursue the compensation you deserve after a DoorDash accident. Our experienced attorneys can investigate the crash, identify all potentially liable parties, and handle negotiations with insurance companies while you focus on your recovery. Contact us online or call (855) NYC-HURT today to schedule a free consultation with a New York DoorDash accident lawyer who is ready to fight for you.
