Delivery Driver Accident Lawyer In Miami, Florida
As delivery services like Amazon, Uber Eats, and DoorDash continue to gain popularity, data suggests that this upward trend will persist. However, the increased presence of delivery vehicles on the road can result in a higher risk of accidents. If you have been injured in an accident involving a delivery driver, you may have a valid case. To streamline the claims process and maximize your potential compensation, it is advisable to seek the assistance of an experienced Miami delivery driver accident lawyer who specializes in handling such cases. Whether you are a delivery driver yourself or have been injured by a driver from Amazon, Uber Eats, Postmates, or DoorDash, our dedicated personal injury team is here to provide the support you need.
What Sets Apart A Delivery Accident From Others?
Delivery driver accidents present a unique challenge as they are not as straightforward as typical car accidents. They involve various factors that come into play. The specific circumstances of the accident will determine whose insurance policy takes precedence. For instance, if an Uber Eats driver collides with your vehicle while on a food delivery assignment, Uber’s liability policy is likely to be primary. However, if the driver had just completed a delivery and was heading home, the Uber policy might not apply. In such cases, the outcome depends on the particular situation the delivery driver was in at the time of the accident.
It’s important to note that delivery companies’ insurance policies generally cover third-party liability claims. These claims arise when the delivery driver’s negligence causes an accident with another vehicle. As a result, a delivery driver cannot file an injury claim against the company, as that would be considered a first-party claim. Additionally, each delivery company has its own unique insurance policy for their drivers, meaning that the handling of your claim may vary depending on the type of delivery company involved. An accident involving a DoorDash driver, for example, may have different outcomes compared to one involving an Uber Eats driver.
Delivery Drivers Insurance Coverage
The potential insurance coverage for delivery drivers depends on the company the at-fault party was driving for at the time of the accident. Typically, the delivery company’s insurance policy only offers supplementary coverage. This means that the driver’s insurance is responsible for the initial claim settlement, keeping the delivery company separate from the incident. However, if the value of your claim exceeds the driver’s coverage limits, the delivery company’s policy may come into effect to provide additional coverage and cover the additional damages.
Amazon Insurance Coverage
Accidents during Amazon deliveries are always a possibility, especially with the increasing number of vehicles on the road. That’s why it’s crucial for drivers to have adequate coverage and for Amazon to provide additional coverage for serious incidents that may exceed individual policies. This supplementary coverage from Amazon is designed to support drivers’ existing policies, as personal auto insurance typically doesn’t cover commercial driving.
Amazon offers liability coverage of up to $1,000,000, which includes damages to your own vehicle as well as any third-party injuries. This policy also provides coverage for uninsured or underinsured motorists involved in the accident who lack sufficient insurance. Additionally, Amazon provides collision and comprehensive coverage with a limit of $50,000.
To ensure peace of mind, Amazon Flex Delivery Auto Insurance offers comprehensive protection with $1,000,000 liability coverage, coverage for property damage, and uninsured or underinsured motorists coverage. This insurance applies while drivers are picking up, delivering, or returning packages for Amazon.
Uber Eats Insurance Coverage
Uber Eats provides insurance coverage that differs slightly from DoorDash and Postmates. If a delivery driver is available on the Uber Eats app but has not started a delivery, Uber Eats offers some liability coverage for accidents. The coverage limits are $50,000 per individual and $100,000 per accident for bodily injury, with up to $25,000 for property damage.
When an accident occurs during an active delivery, defined as accepting a request and being en route to pick up or deliver food, Uber Eats increases the liability coverage to $1,000,000. For more information about Uber Eats accidents, you can visit the Uber Eats Accident page.
- Compared to other food delivery services, Uber Eats provides some of the best automobile insurance coverage.
- If the Uber Eats delivery driver is “Offline” or the Driver app is off, then the driver’s personal policy and coverage will apply.
- If the Uber Eats driver is “Available” or waiting for a delivery request, Uber maintains liability insurance on the driver’s behalf. The following limits apply only if the driver’s personal policy does not apply:
- $50,000 bodily injury per person
- $100,000 bodily injury per accident
- $25,000 property damage per accident
- When the Uber Eats driver is en route to pick up a delivery or during trips, Uber maintains the following coverage:
- $1 million third-party liability
- Contingent comprehensive and collision
- Up to actual cash value of the car with a $2,500 deductible (Effective 3/1/2021)
- Certain vehicles offered through the Vehicle Marketplace are subject to a $1,000 deductible
- Unlike Uber rideshare drivers, Uber does not provide Uber Eats drivers Uninsured/Underinsured Motorist or Personal Injury Protection coverage.
- The contingent comprehensive and collision coverage applies so long as the Uber Eat’s driver maintains comprehensive and collision coverage on her personal auto insurance policy. As of 2021, Uber increased its property damage deductible to $2,500. Uber does not provide rental coverage to delivery drivers.
- Uber Eats drivers should expand their personal auto insurance to include rideshare and delivery coverage. While the additional rideshare and delivery coverage benefits vary between insurance companies, most will match the lower deductible on your personal policy if an accident occurs while picking up or delivering an order.
- For Uber drivers and Uber Eats drivers, Uber offers Optional Injury Protection. Uber’s Optional Injury Protection provides benefits to Uber rideshare and delivery drivers if they are injured in a covered accident. Covered accidents include three scenarios:
- While you’re online, including when you’re available for trip requests
- While you’re en route to pick up a passenger or delivery
- While you’re on a trip using the Driver app
- Uber’s Optional Injury Protection offers the following benefits if a rideshare or delivery driver is injured during a covered accident:
- Accident medical expenses up to a maximum of $1,000,000 (no deductible or copay)
- Temporary total disability up to a maximum of $500 a week
- Continuous total disability up to a maximum of $500 a week
- Accidental death up to a maximum of $50,000
- Survivor benefits up to a maximum of $150,000
- Accidental dismemberment up to a maximum of $200,000
- Unlike some delivery services, Uber charges rideshare and delivery drivers a premium for its Optional Injury Protection coverage. The Optional Injury Protection premium costs $0.0375/mile while on a covered trip. The premium is calculated based on the number of miles driven while with a rider on the way to drop off a delivery order. Uber automatically calculates the per-mile premium and deducts the costs from the driver’s earnings.
DoorDash Insurance Coverage
DoorDash requires all of its delivery drivers to have valid auto insurance policies. If a driver does not have their own insurance, DoorDash’s insurance coverage may not apply in the event of an accident. According to the DoorDash agreement with drivers, the driver’s insurance policy is considered primary. DoorDash provides liability coverage of up to one million dollars.
In cases where the damage from a DoorDash accident exceeds the driver’s insurance limits, DoorDash’s insurance policy may cover the remaining damage. However, the excess insurance policy will only be activated for accidents that occur while the delivery driver is on an active delivery. DoorDash defines an active delivery as one in which the driver has food in their vehicle and is en route to the customer.
- Only provides a contingent liability policy. For the policy to kick in, the DoorDash driver must be on “active delivery.” DoorDash defines “active delivery” as times when the driver is in possession of food/goods to be delivered. The coverage does not apply if the DoorDash driver is simply on her way to pick up food.
- However, DoorDash requires drivers to maintain personal automobile insurance coverage. If a DoorDash driver fails to maintain their own coverage, then the DoorDash contingent liability policy will not apply. The same “coverage gap” issues described above apply to all delivery drivers.
- The DoorDash contingent liability policy covers damages caused to third parties up to $1 million. HOWEVER, the DoorDash policy is secondary, which means that the driver’s personal automobile insurance coverage must be exhausted before the DoorDash policy will kick in.
- For DoorDash couriers that deliver food on foot or bicycle, DoorDash offers a $1 million general insurance policy that covers third-party injuries and third-party property damage.
- As of June 2019, all DoorDash delivery drivers were automatically eligible and enrolled for occupational accident insurance coverage. The occupational accident insurance coverage only applies if a DoorDash driver is injured while making a delivery. The policy covers:
- $1 million in medical expenses (no deductible or copay)
- Disability payments: 50% of average weekly wage up to a maximum allowance of $500 per week minus other income
- Survivor’s payments: Up to $150,000 for eligible dependents
Postmates Insurance Coverage
Both Postmates and DoorDash provide comparable insurance coverage for their delivery drivers. To be eligible for the policy, the driver must be actively engaged in a delivery. Postmates offers insurance coverage of up to $1,000,000 as an excess policy for third-party liability claims. This coverage comes into effect only if the driver has exhausted the limits of their own auto insurance policy.
- Like DoorDash, Postmates offers excess liability coverage up to $1 million for automobile delivery drivers. The coverage only kicks in after the Postmates driver’s personal auto insurance policy is exhausted.
- The Postmates excess liability coverage only applies when the delivery driver is on “active delivery.” Postmates’ definition for “active delivery” is broader than the DoorDash definition. For Postmates delivery drivers, “active delivery” begins when the Postmates delivery driver accepts a delivery request and ends when the driver drops off the order. Postmates excess liability coverage will not apply if the delivery driver’s app is in off mode or if the app is active, but the driver has not yet accepted a delivery request.
- For cyclists and pedestrian couriers, Postmates offers general liability coverage up to $1 million for injuries and/or property damage to third parties.
- Also, like DoorDash, Postmates provides occupational insurance coverage to delivery drivers. Postmates’ occupational insurance coverage includes:
- Accident medical expense: to a maximum of $1,000,000 (with no deductible or copay)
- Accidental death benefit: to a maximum of $100,000
- Survivor’s benefit: to a maximum of $100,000
- Temporary total disability: to a maximum of $500 a week in on-demand services replacement earnings
- Permanent total disability: to a maximum of $500 a week in on-demand services replacement earnings
- Accidental dismemberment: to a maximum of $200,000
Contact Our Miami Delivery Driver Accident Lawyer Today
If you have been injured as a result of a delivery driver’s negligence, you may be entitled to seek compensation. While not as prevalent as car or truck accidents, delivery accidents are becoming increasingly common, particularly in major cities such as Miami. With the growing popularity of food and product delivery services, it is only natural that there has been a rise in the number of delivery drivers on the roads. At Florida Legal, we have over 30 years of experience advocating for the rights of injured individuals in Miami and the surrounding areas. Contact our team of Miami delivery driver accident lawyers today for a complimentary case evaluation, during which we will assess the best course of action for your personal injury claim and the most suitable approach moving forward.