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Accident with a DoorDash or GrubHub Driver in Denver

Posted by Jeremy Rosenthal | Jul 06, 2020 | 0 Comments

There are a lot of new food delivery services all over Denver's roads. Especially with the COVID-19 pandemic, stay-at-home orders, and concerns about eating out, many more Denver residents are getting food delivered through delivery apps like: 

  • GrubHub
  • DoorDash
  • Postmates
  • UberEats
  • Instacart

These apps allow consumers to order food from just about any restaurant that provides takeout service. A driver using the app can accept the delivery, pick up the food, and drop it off at the consumer's house, with payment all arranged through the app. However, a lot of food delivery drivers, others on the road, and pedestrians are finding out the hard way that an accident involving a food delivery driver can be a nightmare to deal with. 

Food Delivery App Drivers Are Not Covered Like Lyft and Uber Drivers

Colorado had one of the first laws to regulate rideshare or ride-hailing companies like Lyft and UberColorado's Transportation Network Company (TNC) laws require minimum levels of insurance coverage while drivers are going to pick up a fare and when they have a passenger in the vehicle. However, the TNC laws do not apply to food delivery app drivers. 

DoorDash, Postmates, and Grubhub Drivers Unsure of Insurance Coverage

Many of the drivers using the apps for delivery are not even clear on what their insurance requirements are. Many drivers use the app for a little extra cash on evenings or weekends, not intending it to be a full-time job. There is minimal training on what a driver needs to do in order to cover themselves in the event of an accident.

One Grubhub driver in Fort Collins claimed that a small delivery order ended up costing her thousands of dollars after a crash. Heather Noel, a 32-year-old former Grubhub driver, got into an accident while delivering a $10 mac and cheese delivery. While crossing the intersection of Katahdin and Timberline, she was T-boned by another driver, totaling both cars in the accident. 

The Grubhub driver said her full coverage insurance refused to cover the accident because she was doing a commercial delivery. The Grubhub agreement stated, "vehicle insurance must provide coverage for all activities arising in connection with the delivery service."

Like many other delivery drivers, this Fort Collins woman thought that since the company only required a valid driver's license and insurance, she would be covered. The company received and accepted her personal insurance without further clarification.  

Most personal auto insurance policies do not include commercial deliveries, like food app pick up and delivery. Drivers may need additional gap coverage for their limited deliveries or may need a full commercial policy, which can cost hundreds more. When food delivery app companies advertise how much the average driver is paid, they are not likely taking into account the extra insurance driver's need but many do not know about. 

Accident With a Delivery Driver

If a restaurant delivery driver gets into an accident, they are generally covered by the restaurant's insurance policy or liable for the employee's negligence. Unfortunately, if you are hit by an “independent contractor” delivery driver, the restaurant, delivery app, and insurance company may all try and deny coverage. You deserve compensation even if they don't want to pay up. If you or a loved one was injured in a DoorDash or GrubHub accident in the greater Denver metropolitan area, please do not hesitate to contact today at 303-642-8888 for a free consultation.

About the Author

Jeremy Rosenthal

Attorney Jeremy Rosenthal is dedicated to helping his clients seek just compensation for their injuries regardless of the lengths he has to go to or the distances he may have to travel in order to get it.


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