Yes, you can usually pursue a claim after a DoorDash or Instacart driver causes a crash, though who you hold responsible depends on the details. The at-fault driver is the starting point, and in some cases the delivery platform’s insurance, or even the company itself, may be on the hook. If you were hurt in the District, Maryland, or Virginia, our Washington, DC auto accident lawyers at Simeone & Miller, LLP can sort out which insurance policies apply and pursue every source of compensation available to you.
Start With the Driver Who Hit You
The delivery driver who caused the crash is personally responsible for negligent driving, whether that means speeding to hit a quota, glancing at the app, or rolling through a red light. Their personal auto insurance is the first place an injury claim usually looks.
Here is the catch. Many personal auto policies exclude crashes that happen while the driver is working a paid delivery, because that counts as commercial use. So the driver’s own insurer may deny the claim outright. That gap is exactly why the delivery platform’s coverage, and the question of who else may be liable, becomes so important.
When Does DoorDash or Instacart Insurance Pay?
Both companies carry their own third-party liability insurance, but it generally applies only during an active delivery. For DoorDash, coverage applies during what it calls the delivery service period, which begins when a driver accepts an order and ends when that order is marked delivered, unassigned, or canceled. If the driver was simply logged into the app but had not accepted an order, DoorDash provides no liability coverage and the driver’s personal policy is primary.
Instacart works differently. Instacart’s shopper agreement places responsibility for auto insurance, including liability coverage, on the shopper, and the company does not describe a DoorDash-style third-party liability policy that responds when a shopper causes a crash. Instacart does offer an injury protection program for shoppers hurt while working, but that program covers the shopper’s own injuries, not the people the shopper’s driving may have injured. If an Instacart shopper hits you, the shopper’s personal auto policy, and your own uninsured or underinsured motorist coverage, are typically the first places to look.
Can You Hold the Company Itself Responsible?
This part is harder. DoorDash and Instacart classify their drivers as independent contractors rather than employees. Under longstanding law, a business is generally responsible for the on-the-job conduct of its employees but usually not for the actions of an independent contractor. That classification is one reason these companies often argue they are not directly responsible for a driver’s crash. There are exceptions, however, and the company’s calling a driver an independent contractor is not by itself conclusive or binding on a court.
A company can also be liable for its own negligence, such as carelessly putting an unfit driver on the road. And the contractor label is not always the final word, because courts look at how much control the company actually exercises over the work. Sorting this out takes investigation, which is one of the main reasons to involve a lawyer early.
What Compensation Can You Pursue?
A serious delivery crash can leave you with bills and losses that pile up fast. Depending on your case, you may be able to recover money for several categories of harm:
- Past and future medical treatment
- Lost wages and reduced earning ability
- Vehicle and other property damage
- Pain, suffering, and emotional distress
- Disfigurement and permanent impairments
- Loss of enjoyment of life
If a delivery crash takes the life of a loved one, surviving family members may be able to bring a wrongful death claim.
Because more than one policy can come into play, including the driver’s coverage, the platform’s coverage, and your own uninsured or underinsured motorist protection, identifying every available source is central to a full recovery. Our team handles each personal injury claim with that goal in mind.
Act Before the Deadline in Your Jurisdiction
How long you have to file depends on where the crash happened, and the deadlines across the region are not the same. In the District of Columbia, you generally have three years from the date of the injury to file a personal injury lawsuit. Maryland also sets a three-year deadline for most injury claims. Virginia is stricter, giving you only two years to bring a personal injury action.
Missing a deadline can cause you to lose the right to recover any compensation for your losses. Delivery cases also turn on time-sensitive proof, such as the app records that show whether the driver had an active order, so it pays to act quickly while that evidence still exists.
Frequently Asked Questions About DoorDash and Instacart Crashes
What if the delivery driver was not on an active order when they hit me?
Then the platform’s insurance usually does not apply, and you would typically look to the driver’s personal auto insurance and your own coverage. The driver is still personally responsible for the crash. Because the line between an active delivery and simply being logged in can decide which policy pays, the app’s time-stamped records often become key evidence.
Do I have to be a DoorDash or Instacart customer to file a claim?
No. Third-party liability coverage is meant to protect the people a driver injures, whether you were another motorist, a cyclist, a pedestrian, or a passenger. You do not need to have ordered anything to pursue a claim after a delivery driver causes your injuries.
Should I give a statement to the delivery company’s insurer?
Be cautious. Insurers often ask for a recorded statement soon after a crash, and what you say can be used to reduce or deny your claim. It is reasonable to get medical care first and speak with a lawyer before giving any recorded statement.
Talk to Simeone & Miller About Your Delivery Crash
If a DoorDash, Instacart, or other delivery driver injured you in Washington, DC, Maryland, or Virginia, you do not have to untangle the insurance maze on your own. Simeone & Miller has helped injured people across the DMV recover compensation since 2002, and we know how to identify every liable party and every policy that should respond. Contact us today for a free consultation. You pay nothing unless we win your case.
