According to Grubhub, there are more than 3,800 restaurants open and available for delivery in the Denver area. Grubhub is a convenient online food ordering system that connects customers with delivery drivers to pick up food from their favorite restaurants. Grubhub provides the platform for customers, drivers, and restaurants. However, like many on-demand delivery apps, the company likes to keep as much distance between itself and the delivery as possible.
Gig economy drivers may not have a lot of driving experience and there is little training to make sure they are operating in a safe and responsible way. After an accident, Grubhub tries to avoid any responsibility, even if they played a role in giving unsafe drivers increased time on the road. Injury victims in delivery accidents often have trouble getting medical bills covered because the insurance companies don't want to pay. If you are injured in a Grubhub or delivery driver accident, talk to your Denver accident attorney for help getting compensation.
Training Requirements for Grubhub Drivers
There are very few requirements to start driving for Grubhub. Drivers need to be at least 19 years old but do not have to have any previous delivery experience! To sign up, drivers just need a vehicle, valid driver's license, insurance, and a smartphone. The company leaves it up to drivers to figure out how to navigate pick-ups and deliveries with heavy traffic, limited parking, snowstorms, and other dangerous driving conditions.
The may mean delivery drivers are more likely to be involved in accidents. Accidents can be caused by common delivery conditions, including:
- Distracted driving
- Driver inexperience
- Drivers who don't understand Colorado traffic laws
- Drowsy drivers
- Illegal parking
Distracted driving is one of the most common causes of delivery accidents. With delivery app companies like Grubhub, drivers are required to use their phones while driving. This includes accepting deliveries, mapping addresses, following directions, answering messages from customers, and looking for parking. Anytime a driver looks at their phone, they are taking their attention away from the road and putting others at risk of injury.
Who Is Responsible in a Grubhub Accident?
Colorado is an “at-fault” accident state. This generally means that the negligent driver is liable for damages in an auto accident in Colorado. Negligence is the breach of a driver's duty of reasonable care that causes damage. Negligence can be shown when a driver violates a traffic law that causes the accident, like speeding, failing to stop at a red light, or texting and driving.
In a traditional delivery driver accident where the driver works for the company, the company may also be liable for damages. Under Colorado law, an employer is vicariously liable for the negligence of an employee, when the employee was acting in the course of their job. However, delivery app companies try and avoid liability by calling their delivery workers “independent contractors.”
Insurance in a Grubhub Accident
Insurance coverage can be a major problem after an accident with a Grubhub driver. The delivery driver is often surprised to find that they are not covered by their insurance company and the delivery app does not cover any damage after the accident. Some delivery apps provide excess coverage but Grubhub offers no additional coverage. Instead, the app requires drivers to have their own insurance.
A delivery driver assumes they have insurance but when their personal auto insurance company finds out the driver was making commercial deliveries, they inform the driver they were not covered at the time. This leaves the driver without any coverage and no one stepping in to pay for damages. If the delivery driver caused the accident, they may be personally liable for any losses.
If a pedestrian, cyclist, or other driver is hit by a Grubhub driver, they may have a hard time recovering money for hospital bills, loss of income, or pain and suffering damages. The injury victim may need to rely on their own uninsured/underinsured motorist (UM/UIM) policy.
Commercial Insurance Policies for Delivery App Drivers
Delivery app drivers may be required to carry commercial insurance, add-on delivery coverage, or special policies with their auto insurance company. The problem is, this insurance may cost hundreds of dollars more a year and wipe out many of the benefits of gig-economy work. Instead, drivers rely on keeping their delivery driving secret, hoping their insurance company won't find out.
In a minor fender-bender, the insurance company may not know the driver was delivering food. However, in an injury accident, the insurance company has a much bigger interest in finding out if they have to cover the damage or can deny coverage. This may include subpoenaing phone records, taking testimony under oath, and taking statements under penalty of perjury. It is not difficult for the insurance company to find out if you were delivering at the time of the accident.
The proper coverage will not only make sure your financial assets are protected but also help you get compensation if you were injured in an accident.
Personal Injury Claims in a App Delivery Accident
Anyone can be injured in a delivery accident, including the delivery driver, other drivers, or bystanders. The first step after an accident is to make sure you are safe. If you are injured, contact emergency medical services. See your doctor if you have any lingering injuries that developed after the accident.
The next step is reporting the accident to law enforcement and to the insurance company. Reporting your claim to your insurance company is the start of the claim process. However, you may still need to contact an attorney if the insurance company refuses your claim, only offers a portion of the settlement, or tries to put the blame on you. Do not get pushed around by the insurance adjuster who only cares about the company money.
You can talk to a lawyer to understand your rights and options after an injury accident. Call an experienced Denver auto accident lawyer for help. Your lawyer can handle the insurance company and delivery company to make sure you can recover what you deserve after an accident.
Denver Grubhub Accident Lawyer
If you were injured in a Denver Grubhub accident, contact an experienced attorney for answers. Our experienced Colorado auto accident attorneys will fight to get the maximum compensation available for your injuries. Do not accept just any settlement offer before understanding your rights. Contact us today for a free consultation.