Georgia Car Accidents with DoorDash and Uber Eats Drivers

Delivery drivers make more money the more orders they carry out. Because of this incentive, many drivers try to finish as many orders as possible as quickly as possible. In turn, they might engage in risky or negligent driving behaviors to maximize their earnings.

The demand for food delivery services such as DoorDash and Uber Eats has skyrocketed in recent years. People enjoy using food delivery apps to get their meals delivered to them. As a result, delivery drivers are more common on our roads than ever, leading to more food delivery accidents.

Due to the food delivery company’s employment structure and limited liability, these accidents can be more complex than other auto accident cases. If you have been in a car accident with a food delivery driver, you need an experienced car accident attorney.

What Are Some Reasons Georgia Food Delivery Drivers Get Into Accidents?

Pressed for time and/or incentivized to complete orders quickly, food delivery drivers might speed or ignore traffic signals.

Behaviors that can cause DoorDash and Uber Eats accidents include the following:

• Distracted driving (checking for delivery orders or looking at GPS)
• Speeding
• Ignoring traffic signals and signs
• Cutting through lanes of traffic
• Making illegal turns
• Accelerating or stopping rapidly
• Following too closely.

What Sort of Insurance Are Food Delivery Drivers Required to Carry?

When not on the app or actively delivering an order, food delivery drivers must carry the minimum state-required auto liability insurance like all other drivers. However, most typical auto policies specifically exclude coverage for vehicles used for commercial purposes. In that case, delivery drivers can obtain additional business-use or commercial coverage for their auto policy to cover their vehicle when making deliveries. Contact our Athens Uber accident lawyer today.

Do DoorDash and Uber Eats Provide Their Drivers with Insurance Coverage?

Yes, most delivery apps like DoorDash and Uber Eats provide third-party liability coverage for their drivers. However, they offer different coverage limits depending on where the driver is in the delivery process.

If the driver is off-duty and the app is off, their auto policy takes precedence. If an off-duty delivery driver strikes your car, you will file a claim through their personal liability coverage.

When the app is on but the driver has not yet accepted an order, Georgia Code § 33-1-24(b)(1) requires the delivery company to provide a minimum of $100,000 in bodily injury coverage for all persons and $50,000 in bodily injury coverage per person.

Higher policy limits kick in when the driver has accepted an order request or is actively bringing food to the customer. During this period, the company must provide at least $1 million in bodily injury or death liability coverage and $300,000 per injury in uninsured motorist coverage.

Generally, you must file a claim with the driver’s personal liability coverage before the delivery company’s coverage will step in. For instance, DoorDash’s liability policy will apply if the victim files a claim with the driver’s liability coverage and receives a denial letter.

So, with this type of liability coverage, you must file two claims to recover the maximum amount of available compensation — one with the driver’s policy and another with the company’s policy. The additional level of legal procedure makes the case more complex than other types of auto accident cases, which is why you need an attorney. An attorney can handle every legal aspect of your claims and negotiate for maximum compensation.

What Should You Do If You Have Been in an Accident with a Food Delivery Driver?

Like any accident, you should immediately start documenting the scene with photos and video recordings. Also, get the delivery driver’s contact and insurance information. Ask the responding law enforcement officer for a copy of the accident report.

Next, you should see a doctor if you are injured or have any pain symptoms. You will need formal medical documentation when you file a claim with the insurance company. Insufficient medical documentation is one of the most common reasons for claim denials.

Next, contact a car accident attorney. The attorney can help determine whether the rideshare company’s liability policy applies and initiate the claims process against the driver. They can also help build your case and give you the best chance of a satisfactory resolution.

Can I Pursue a Georgia Accident Claim Against DoorDash or Uber Eats?

Generally, no, you won’t be able to pursue a claim against the delivery company if one of their drivers causes an accident. This obstacle is due to the company’s employment structure. Companies typically classify delivery drivers as independent contractors rather than employees.

This distinction matters. Employers can be vicariously liable for their employees’ actions. However, since independent contractors are not employees, the delivery company is generally not liable for any wrongdoing or negligence on the part of their drivers.

However, food delivery companies such as Uber Eats and DoorDash are not entirely immune from civil liability in all cases. You may be able to bring a claim against the delivery company if the company’s negligence contributed to the accident. For instance, if the company did not properly vet the driver or was aware of previous harmful behavior, you may be able to bring a negligence claim against the corporate entity.

Ultimately, whether you have a claim against the delivery company or just the driver will depend on the specific facts of your case. A personal injury attorney can assess your situation and determine the best course of action.

Contact a Georgia Car Accident Lawyer

Uber Eats, and DoorDash accidents raise complex issues of liability and negligence that are difficult to navigate without an experienced personal injury attorney. With decades of legal experience, the law firm of R. Alan Cleveland, LLC, is here to help you. If you would like an experienced personal injury lawyer to review your food delivery driver accident case, contact us today and receive a free consultation.