Brooklyn Delivery Accident Lawyers

Delivery Driver Accident Lawyers In Brooklyn, NY

With the ever-increasing use of services like Amazon, Uber Eats, and DoorDash, data demonstrate that this trend is here to stay. While delivery vehicles increase on our roads it also increases the odds for an accident to occur; if you have suffered from a crash involving any type of delivery driver then chances are you may be entitled to legal recourse. If you have been injured in a delivery driver accident, reach out to our experienced Brooklyn delivery accident lawyers for help. With years of experience dealing with similar cases just like yours, we are dedicated to making the claims process easier and maximizing your potential compensation. Whether it was an Amazon, Uber Eats, Postmates, or DoorDash driver involved in the collision – rest assured that Rosenberg & Rodriguez can provide the necessary legal assistance needed throughout every step of this difficult time.

What Makes A Delivery Driver Accident Unique?  

Car accidents can be complex, yet delivery driver accidents are particularly intricate since there may be additional variables to consider. It is possible that the details of the incident will determine which insurance policy should take precedence – for instance, if an Uber Eats motorist hits you while on a food delivery assignment, then it’s probable that Uber’s coverage would serve as primary liability protection. On the flip side, if the delivery driver had simply dropped off a package and was on their way home, Uber’s policy probably wouldn’t be relevant. In such cases, it all hinges on the exact circumstances in which the collision occurred – whether or not they had taken another assignment already, still awaiting calls for other deliveries, or heading back home.

More often than not, delivery companies’ insurance policies are only applicable to third-party liability accidents. If a driver is found to be negligent and causes an accident with another vehicle, then they can claim against the company but if there’s an injury involved that would constitute a first-party claim and won’t be covered by their policy. Even more intricate is the fact that each shipment service has its own specific driver insurance coverage. This implies that a collision concerning an Uber Eats worker may be managed differently than one involving a DoorDash employee. Thus, it’s essential to take note of which courier provider was involved in your crash before beginning the claim process.

Understand Delivery Driver Insurance Coverage

Understanding the exact insurance coverage of a delivery driver involved in an accident is reliant on which company they are driving for. Typically, the corporate policy will only offer excess protection to cover damages beyond what’s available through personal policies. This isolates the food service business from any potential liabilities and keeps its insurance costs down overall. However, if your claim value exceeds the individual limits, then extra funds can be drawn out of their employer-based plan to pay for additional expenses incurred as a result of the incident.

Amazon Insurance Coverage

With the proliferation of Amazon delivery vehicles on our roads, vehicular accidents are a real risk. That’s why it is essential that drivers have adequate coverage and Amazon provides extra protection in case individual policies fall short. This additional coverage from Amazon serves as an additional safeguard to ensure drivers remain insured during commercial driving – since personal auto insurance does not apply in such circumstances.

Amazon offers extensive protection for their customers with liability coverage of up to $1,000,000. From covering damages caused by you or any third party involved in an accident to uninsured motorists that don’t have the necessary insurance to pay for losses. On top of all this security, they also provide collision and comprehensive coverage worth up to $50,000.

  • Amazon Flex Delivery Auto Insurance (50k PD, 1mil liability & UM/UIM)
  • This applies when picking up, delivering, or returning packages for Amazon

Uber Eats Insurance Coverage

Unlike other food delivery apps, Uber Eats offers a specific type of insurance coverage if an accident occurs before the driver has even begun their delivery — as long as they are visible on the app! This level of liability coverage is something that cannot be found with DoorDash or Postmates. Uber Eats liability coverage covers up to $50,000 per person and a maximum of $100,000 for bodily injury in the event of an accident. In addition, property damage is provided with a limit of $25,000. However, when drivers are on an active delivery mission – accepted requests and currently delivering food – these limits increase significantly to an impressive umbrella cover for one million dollars.

  • 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 the 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 Eats 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 mandates that all its delivery drivers possess a legitimate car insurance policy. If the driver does not, then DoorDash’s coverage may be rendered null and void in an accident. The contract between DoorDash and its drivers specifies that their insurance is primary; while DoorDash can provide up to $1 million dollars of liability protection.

If the damage from a DoorDash-related incident surpasses what is covered under the driver’s policy, then their excess insurance coverage kicks in for such occurrences. However, this will only happen when they are on an active delivery — meaning there is food inside of their vehicle and they are en route to completing the order.

  • DoorDash’s contingent liability policy solely applies when a driver is actively delivering goods – that is, in possession of food/goods to be delivered. If the DoorDash driver is merely on their way to collect items for delivery, this coverage does not apply.
  • Nevertheless, DoorDash needs drivers to have personal automobile insurance. If a driver fails to carry their own coverage, the DoorDash contingent liability policy will not apply. This “coverage gap” dilemma is applicable to all delivery service personnel alike.
  • The DoorDash contingent liability policy covers up to $1 million in damages done to third parties. It should be noted, however, that the DoorDash coverage is secondary and must exhaust a driver’s personal automobile insurance before it can kick in.
  • As a DoorDash courier who either walks or cycles while making food deliveries, you are provided with an insurance policy of up to $1 million in the event that third-party injuries and/or property damage occur.
  • 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

Postmates and DoorDash offer comparable insurance plans that are activated only when a delivery driver is on an active assignment. Postmates, in particular, provides up to $1M worth of protection as supplementary coverage for any third-party liability claims made against the business – however, this will become available once their personal auto policy has been exhausted.

  • If you’re a Postmates automobile delivery driver, rest assured knowing that your livelihood is protected by an additional $1 million in excess liability coverage! After the limits of your personal auto insurance policy have been met, then this additional coverage will take over to make sure you are secure.
  • Postmates’ excess liability coverage is applicable exclusively when the courier is in the middle of an “active delivery.” This definition for active delivery given by Postmates differs from DoorDash’s and begins as soon as a driver confirms a delivery request, ending after they’ve dropped off their order. It does not apply if the app has been switched to ‘off mode’, or remains activated without having accepted any deliveries yet.
  • For those who prefer to travel on two wheels or by foot, Postmates provides comprehensive general liability coverage of up to $1 million in the event that an injury is inflicted upon a third party or their property.
  • 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

Frequently Asked Questions

What Do I Do After Being In An Accident With A Delivery Driver?

A car accident is always a traumatic, disorienting experience. However, the immediate decisions you make in its aftermath can be instrumental in preserving your right to compensation for damages through a personal injury claim. Thus, it’s essential that any victims of an unexpected collision take some key steps without delay to ensure their legal rights are protected going forward.

Above all else, in the event of an accident, your foremost focus should be on ensuring that you are safe and receive medical attention if needed. Depending on the gravity of the crash and circumstances involved, it may not be feasible to complete all these steps. Nonetheless, wherever possible, take action to safeguard your legal right to seek recompense for damages inflicted by another driver’s negligence.

Knowing the right measures to take after an accident can significantly bolster your claim. It is always beneficial for a car accident victim to speak with a Brooklyn delivery driver accident lawyer promptly in order to protect their rights and seek justice. Our practiced attorneys have been handling these types of claims for many years, so you can trust they will provide you with unparalleled assistance along the journey toward seeking recompense.

What Can I Recover After an Accident With a Delivery Driver?

In the event that a delivery driver caused an accident, insurance should cover any related expenses of the victim. This could include items such as medical bills, property damage costs, lost wages due to missed work days, and more. It is important to note that New York laws require delivery drivers carry higher amounts of insurance than regular motorists— providing victims with greater protection in case of an incident.

  • Coverage of all emergency medical bills
  • Payment for any follow-up medical treatment needed
  • Property damage expenses
  • Lost wages if you cannot work
  • Pain and suffering damages

Following any motor vehicle accident involving a delivery driver in Brooklyn, the amount of compensation rewarded to victims is dependent on several factors such as the extent of their injuries and property damage sustained, total wages lost due to the crash, and documentation detailing pain endured. It’s difficult to predict precisely how much recompense will be allocated because every case is unique.

Who Is Responsible For Damages In a Delivery Accident?

Establishing accountability for damages after a delivery accident can be perplexing. Much like other accidents, the party responsible must be identified. If the delivery driver was at fault in the collision, then it needs to establish whether they are an independent contractor or employed by a delivery company/major retailer. Determining who should relay liability requires careful examination and navigating of legal loops; we highly advise you to contact an experienced Brooklyn delivery driver accident lawyer specializing in this field for all of your claim requirements.

Speak With A Brooklyn Delivery Driver Accident Lawyer Today

Have you been injured in an accident involving a delivery driver? If so, you may be entitled to financial compensation. These types of collisions are becoming increasingly prevalent, especially in heavily populated cities such as Brooklyn. With the growing demand for food and product deliveries, it is only natural that there would be an increase in the number of delivery drivers on our roads today. Rosenberg & Rodriguez has decades of experience representing those affected by these accidents. Connect with our Brooklyn delivery driver accident lawyers today for a free case evaluation, wherein we will ascertain an ideal strategy for your personal injury claim and how to move forward.