With the beginning of COVID-19 sheltering in place, delivery services such as DoorDash, GrubHub, UberEats, Postmates, and Instacart have become extremely popular and utilized by a larger population, both for those who use these services and those who make deliveries, resulting in more food delivery drivers than ever before. There are around 65,000 delivery workers using these services every day in New York, pushing as fast as they can to bring impatient customers their food as quickly as possible. If you are involved in an accident with a commercial delivery driver, you will not only have to deal with the driver but also the company that contracts them. Who you can sue in the event of an accident involving a food delivery driver depends on a variety of factors. In the majority of cases where a food delivery driver causes an accident, you can sue the driver directly.

Popular food delivery services use independent contractors as their workforce. However, many companies also mandate that their drivers carry auto insurance to protect them in the event of an accident. Depending on the severity of the accident, certain apps and businesses may also provide additional layers of coverage. With so many factors to consider following a food delivery accident, it can be difficult to navigate the legal landscape on your own. Insurance and food delivery companies frequently have only their own financial interests in mind. This can make it difficult for individuals to negotiate and communicate, even if they believe they are entitled to compensation.

At Brandon J. Broderick, Attorney at Law, our New York food delivery accident attorneys not only comprehend what victims go through but also have years of experience negotiating maximum settlements in cases involving commercial drivers who are involved in auto accidents. You should talk to an experienced New York personal injury lawyer as soon as possible after being hit by a food delivery driver to find out what your legal options are.

What Should I Do After Being Involved in an Accident with a Food Delivery Driver in New York?

If you have been involved in a car accident, you or another involved party or witness should call 911 to report the accident and any injuries. Swift action is required to save lives and prevent additional harm. The police will document the accident scene, interview you and any other victims or witnesses, and treat or transport anyone who requires medical attention to a hospital. When speaking with the police officer, provide as many details as possible about the accident and your vehicle. Consider getting an additional copy of the police report for your own records. In the majority of states, including New York, it is mandatory to report accidents.

Next, you must always exchange insurance and contact information with any other drivers involved in the accident. If possible and only if it is safe to do so, photographs of the damage to the vehicles and their position on the road immediately after the accident can be valuable. A photograph of the license plates of all other vehicles involved can be of great help. Notifying your auto insurance company of the accident can also assist you in pursuing legal action after an accident.

Contacting an NY attorney specializing in auto accidents is beneficial. A lawyer will stand up for you and demand that your rights be protected and asserted throughout the entire legal process that follows a car accident involving a food-delivery driver.

What is the Difference Between Suing a Food Delivery Company and a Driver?

You may be able to sue the driver, the company they work for, or both if a driver for a third-party food delivery app causes an accident. Whether you choose to sue the driver or their employer will depend on whether the driver was working at the time of the accident.

The majority of the coverage that food delivery app companies provide for their drivers is limited to the time frame of the delivery. For instance, Uber Eats provides different levels of coverage depending on whether a driver is awaiting a request or completing a delivery. If a driver is not actively using the app, only their personal insurance will cover them. Grubhub provides no coverage for its workers.

If a delivery worker's personal insurance does not cover incidents that occur while performing commercial activities (such as working for an app delivery company), it may be difficult to collect damages from them. Before filing a lawsuit, you should consult with an experienced New York food delivery accident attorney.

How Long Do I Have to File a Lawsuit After a Food Delivery Accident in New York?

In accordance with the statute of limitations presented in New York Civil Practice Law & Rules (CVP) §214, victims of accidents who experience a personal injury have a limited time to file a lawsuit. In addition to the statute of limitations, other deadlines govern claims and lawsuits. By contacting a lawyer within the statute of limitations and other case-controlling deadlines, you give your legal team time to gather evidence (such as witness statements and dash-cam or surveillance footage, which should be gathered as soon as possible) and construct a case that most effectively represents your position.

Let an Experienced Personal Injury Lawyer From Brandon J. Broderick in New York Help You Recover Compensation

If you intend to sue someone for a car accident involving a food delivery driver, you may face a storm of complex legal details. The company of the food delivery driver and their commercial insurance will not want to pay you the full amount of damages. Instead, they will likely attempt to settle with you as soon as possible, prior to determining the complete extent of the accident. When you are involved in an accident with a delivery driver, you should avoid signing anything. Consult with an experienced New York car accident attorney who can help you obtain the compensation you are entitled to.

Our knowledgeable food delivery accident attorneys at Brandon J. Broderick can handle all negotiations with insurers to ensure that you receive full and equitable compensation for your losses. One of our dependable team members will listen to your story, investigate your situation, and offer guidance on the next steps. Many of our clients feel relieved after making their initial phone call to our law firm.

We have offices throughout the metropolitan areas of New York, including New York City and the surrounding boroughs.

Contact us today for a free case evaluation and consultation.