What If You Get into an Accident with a Food Delivery Driver in Pennsylvania

January 24, 2022

The past few years have seen a growth in the popularity of food delivery mobile apps, such as DoorDash, Grubhub, and UberEats. However, this means that more cars are driving for these services on the roads of Pennsylvania. This also means an increased risk of these vehicles getting into accidents. If you are involved in a crash with a food delivery driver in Pennsylvania, what are your rights and options for recovering compensation for your injuries and losses? 

Can You Sue a Food Delivery Company for an Accident?

If you are injured in an auto accident caused by someone who was driving for a food delivery app at the time of the crash, can you sue the food delivery company? While employers often can be sued for motor vehicle accidents that are caused by their employees while they are driving in the course of their job duties, this rule usually does not apply to food delivery companies. These companies typically classify their drivers as independent contractors, rather than employees. This means these companies cannot be subject to employer liability when their drivers cause accidents. In contrast to the rule with employees, employers normally are not liable for the negligent conduct of independent contractors that they hire. 

Drivers’ Insurance Requirements in Pennsylvania

In Pennsylvania, all personal vehicle drivers are required to have a certain minimum amount of auto insurance coverage. These required coverages include:

• Bodily injury liability coverage of $15,000 per person/$30,000 per accident
• Property damage liability coverage of $5,000 per accident.
• First-party/personal injury protection coverage of $5,000 per person, per accident
• Uninsured/underinsured motorist coverage of $15,000 per person/$30,000 per accident (may be rejected in writing by the policyholder). Underinsured/uninsured coverage is one way to protect you and your family from low limits on the defendant.

Although drivers for food delivery apps are required to have this insurance coverage, many personal auto insurance policies expressly exclude coverage for accidents that occur while the driver is using their car for commercial purposes, such as driving for food delivery companies. Delivery drivers may therefore need to obtain commercial auto policies or a rider to their personal auto policy that covers commercial uses of their vehicle. 

Insurance Offered by Food Delivery Companies

Because many delivery drivers may not realize that their personal auto insurance does not cover driving for food delivery apps, or they may only have the minimum coverage required by law, many food delivery app companies provide insurance coverage for their drivers when they are working for the service. The availability and coverage amounts vary from company to company:

• UberEats: $1 million in combined liability coverage when driving to pick up or deliver food; $50,000 per person/$100,000 per accident in bodily injury liability coverage and $25,000 of property damage liability coverage, when awaiting an assignment of an order. Comprehensive/collision coverage up to the value of the driver’s vehicle (subject to a $1,000 deductible), if an accident occurs while picking up or delivering an order.
• DoorDash: $1 million in combined liability coverage when picking up and delivering orders. Driver’s medical expenses up to $1 million, temporary disability benefits of up to $500 per week, accidental death benefits of $100,000.
• Grubhub: Does not offer insurance coverage for its drivers.

Contact a Pittsburgh Personal Injury Lawyer to Discuss Your Food Delivery Driver Accident Case in Pennsylvania

Did you or a loved one sustain serious injuries due to a food delivery driver accident in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Goodrich & Geist, P.C. represent clients injured because of food delivery driver accidents in Pittsburgh and the surrounding Western PA counties. Call (412) 766-1455 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 3634 California Ave., Pittsburgh, PA 15212. Home visits can be arranged in certain situations. 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.