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Los Angeles residents enjoy the benefits of various food delivery services (Uber Eats, DoorDash, Postmates, etc.). One of the negative aspects of this perk is the potential for getting into an accident with a driver who is rushing to drop off or pick up their next order. If a delivery driver hit you, you may not realize that someone other than the person behind the wheel may be liable.
A Miracle Mile food delivery accident lawyer may help identify those responsible and explain how various insurance coverages may interact to cover the harm you suffered. To learn more, be sure to get in touch with a skilled attorney today.
In many ways, a car accident is a car accident. Vehicle damage is likely, and drivers, passengers, and bystanders may sustain injuries. Any auto accident’s physical and emotional scars can range from cuts and bruises to much more severe conditions, such as broken bones, head trauma, spinal injuries, internal bleeding, emotional distress, and even death.
Regardless of the type of auto accident, California Civil Code § 3281 allows for the recovery of both economic and non-economic damages. Cal. Civ. Code § 1431.2 defines these terms: Economic damages reimburse for measurable losses, such as medical bills and lost income (present and future); non-economic damages address subjective harm, such as pain and suffering. If the accident results in someone’s passing, the surviving family may sue for wrongful death damages under California Civil Procedure Code §§ 377.30 – 377.35. Insurance coverage will play a significant role in providing reimbursement in all cases.
Despite all these similarities, food delivery wrecks are more complex to resolve. They differ from ordinary motor vehicle accidents because the number of potential defendants, and the number of implicated insurance policies, is often greater. When a case involves numerous parties, an individual may need experienced counsel to protect their rights.
Although only the driver and the injured party were present at the crash, other entities connected to the delivery, such as the food delivery service or restaurant, may be on the hook to pay damages.
Each large food delivery service (e.g., Grubhub and Uber Eats) establishes different policies for insuring their drivers. Generally, these companies require drivers to carry valid commercial insurance on their vehicles. Commercial insurance is necessary because personal policies typically have a deliver-for-fee exclusion and will not cover accidents while conducting such business.
Additionally, food service companies layer the driver’s policy with corporate auto liability coverage. The triggering of this insurance varies. For some companies, the corporate policy comes into play as soon as the driver turns on the app and is available to accept order assignments. Other policies do not apply until the driver is actively delivering or traveling to pick up an order. Each company also delineates limit amounts and whether the coverage is primary or only covers claims in excess of the driver’s insurance.
If the driver delivers for a local eatery, like a pizza place, which insurance applies may depend on whether the driver is an employee or independent contractor. If the restaurant’s policy is not applicable and the driver has insufficient or improper coverage, the plaintiff may be able to submit a claim to their auto insurance. They may do so if their policy contains an uninsured motorist provision. In these situations, the claimant may have difficulty receiving adequate compensation.
Unwinding the facts so an injured party receives fair restitution may take the skill of an attorney familiar with food delivery accidents.
While being in a car accident with a food delivery driver may seem like any other auto accident, it is not. If not handled properly, complex insurance issues may prevent an injured individual from fully recovering financially. Call a Miracle Mile food delivery accident lawyer today to help you understand which policies apply and who are the appropriate defendants. Let us help you maximize the compensation you receive.
Benji Personal Injury – Accident Attorneys, A.P.C.
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