If you are facing injuries from an accident with a DoorDash driver, you may be able to recover your accident-related expenses. DoorDash is popular with patrons and restaurant clients who use its food delivery services. While this means more business for the company, it also means more food delivery drivers on the roads who could get into accidents.
Accidents involving delivery app drivers can become complicated when figuring out who is on the hook to pay victims' injury claims. We can review your case and help you figure out your next steps. You can learn more about filing a claim or lawsuit today during a free consultation with the legal team at Cook, Bradford & Levy, LLC.Who’s Liable in a Doordash Accident?
Who's responsible for paying damages is a common issue in accident cases involving food delivery drivers. Generally, if the driver caused the accident, they are deemed "at fault" and must use their personal auto insurance to pay the damages.
A driver is considered at fault for an accident if we can prove their careless behavior caused it. The driver could have been speeding, driving while distracted, or breaking a traffic law in order to be found negligent. If you get into an crash with a DoorDash driver who was not making a delivery when the accident happened, you may not be able to hold DoorDash responsible.The Driver’s Insurer Could Reject Your Injury Claim
Still, even if the driver is responsible for the accident, it does not mean their personal auto insurer or DoorDash will pay your claim. The driver's auto insurer could reject the claim, saying its client was making a commercial delivery that isn't covered by personal auto insurance.
DoorDash offers excess auto insurance coverage to drivers, but there are some conditions. Specifically, the company says this excess auto insurance applies to damages only if:
- The driver caused harm to other parties.
- The accident occurred when the driver was on an active delivery and transporting delivery items in their possession.
The company’s website also says excess auto insurance coverage applies only after the driver goes through their own auto insurance policy. All DoorDash drivers must keep a current insurance policy and go to their insurer first for any damages to their vehicle, per DoorDash's policy.
If the driver's insurance won't pay the claim, and DoorDash's insurance won't cover the driver until after they go through their insurer, you may hit a stumbling block in your compensation case. Our lawyers can help you pursue the compensation due. You can review the legal options during a free consultation with our legal team.Colorado Auto Insurance Laws
Under Colorado law, drivers must have liability insurance to cover the damages from an accident. As the Colorado General Assembly explains, the minimum coverages drivers are required to have are:
- $25,000 for bodily injury or death to any one person in an accident
- $50,000 for bodily injury or death to all persons in any one accident
- $15,000 for property damage in any one accident
Drivers can add uninsured motorist/underinsured motorist (UM/UIM) coverage to cover themselves in case they get into a crash with an uninsured driver or one with insufficient insurance coverage. If you have UM/UIM coverage, we can help you seek compensation from your auto insurer to cover your losses. We can also help file a lawsuit against the driver and other liable parties.What Damages Can You Recover From a Doordash Accident?
Victims can suffer minor-to-severe injuries in a car accident. Treatment for their injuries and other losses, as well as how serious their injuries are, will determine how much they can seek in compensatory damages. Accident damages usually fall into two categories: special damages and general damages. Together, they make up the value of the compensation a person can request.
Special damages (also called economic damages) are financially related to the accident. You must have receipts, invoices, medical records, and other documentation to prove the dollar amount of these damages. They can include:
- Medical expenses (including future medical expenses)
- Lost wages (including future lost wages)
- Reduced earning ability
- Property damage
General damages, also known as non-economic damages, are losses from the accident that do not have an established dollar value but are still recoverable. These can include:
- Pain and suffering
- Disfigurement, such as scarring
We will determine your recoverable compensation after reviewing all the damages from the accident and seek to hold the liable party accountable for paying them.How We Can Help You With a Doordash Accident Claim or Lawsuit
In addition to assigning value to your case, we will take care of everything for you when we manage it. We will:Investigate The Accident
We will review the evidence you have and gather more that supports your case if needed. We can:
- Visit and document the accident scene
- Review photos and video footage of the accident and your injuries
- Speak to witnesses and take statements from them
- Review the accident report and your medical records
While we look at holding the DoorDash driver and company responsible, other parties could be liable, as well, including:
- Other motorists who contributed to the accident
- The manufacturer of a defective vehicle or vehicle part
- A repair shop that failed to repair a vehicle properly
- The municipality responsible for maintaining the condition of the roads, traffic signals, and traffic signage
We must prove the DoorDash driver harmed you by acting negligently. We can do this if we can show:
- The driver owed you a duty of care on the road.
- The driver did not uphold the duty of care to you.
- Failure to uphold this duty caused a car accident.
- The accident injured you, and you now face damages.
We know it can be intimidating to take on an insurance carrier, especially when trying to heal from an accident. We are familiar with insurance companies and how their adjusters value car accident claims. We will negotiate with an insurance company to try to get a fair settlement for you. If negotiations do not end in financial recovery, we will go to trial to seek a court award.
We can represent you in all legal proceedings, which gives you the time and space you need to handle personal matters. We will:
- Inform the liable party or parties about your legal action
- Schedule meetings with the liable party's insurance company and/or attorney
- Handle all communications between you and the liable party and their insurer and attorney
We will keep you updated on all case developments, explain how the law applies to your case, answer your questions, and address your concerns. We're here to ensure your rights are protected and that the right parties are held accountable for your accident.
We encourage you to reach out to us as soon as possible. We do not require any upfront payment to start on the case. We work on a contingency agreement, which means you pay us no money unless you receive a settlement or court award. Our payment comes from your award. We can address any concerns about payment during a free consultation.You Must File the Case by the Statute of Limitations Deadline
If you wish to take legal action in an collision, you have three years from the crash date, per CO Rev Stat § 13-80-101. The earlier you reach out to us, the sooner we can get to work on building a case for compensation.
If the statute of limitations runs out before you have filed the lawsuit, you risk losing your opportunity to recover damages and hold the liable party accountable. We will file the case on time with the court if you decide to hire us.Call Us Today for a Free Consultation
Our legal team at Cook, Bradford, & Levy, LLC, is ready to speak with you about your DoorDash accident. Quick food delivery should not cause long-term inconveniences like hospital bills, extensive recovery time, and more.
We can help you seek financial recovery that meets your needs and helps you get back to your life. We urge you to seek medical treatment for injuries if you have not already done so, and then call us at (303) 543-1000 for a free consultation.