Attorney Michael L. Saile
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- Suing a DoorDash Driver in Pennsylvania
- Who Is Responsible When a DoorDash Driver Causes an Accident?
- Does DoorDash Provide Insurance for Accidents in Pennsylvania?
- How Pennsylvania Law Affects DoorDash Accident Claims
- Available Damages
- Common Defenses DoorDash and Insurers Use Against Victims
- What to Do Immediately After Being Hit by a DoorDash Driver
- Get Help With Your DoorDash Claim
If your car has been hit by a DoorDash driver, you may be eligible to sue. However, liability will depend on whether the driver was actively working at the time and what insurance applies.
Our hardworking car accident attorneys at Cordisco & Saile, LLC, can help with your case from start to finish, navigating the filing process and collecting evidence. Call our law office today to schedule an initial consultation with a seasoned member of our legal team.
Suing a DoorDash Driver in Pennsylvania
The path to compensation depends on whether the driver was on duty for DoorDash at the time. First and foremost, you will want to collect evidence to support your claim, including photos and videos of the accident, any damage sustained, and medical documentation of your injuries. It is essential to obtain a copy of the police report, as well as any available witness statements.
Each of these pieces of evidence will help paint a picture of what took place and who is liable for the crash. Following this, you will need to navigate negotiations with insurers, settlement offers, and, if necessary, a lawsuit.
Our compassionate personal injury attorneys can handle the entire process on your behalf, allowing you to focus on your recovery.
Who Is Responsible When a DoorDash Driver Causes an Accident?
Liability for a delivery wreck can fall on the DoorDash driver, DoorDash as a company, or even a third party, depending on the situation. DoorDash classifies its drivers as independent contractors, not employees. This complicates accident claims because DoorDash does not have to provide insurance coverage unless the driver was actively working, and even then, coverage is limited.
One vital factor in a DoorDash accident case is whether the driver was on-duty or off-duty at the time of the incident. The driver was on duty if they were actively using the DoorDash app to make a delivery or were en route to pick up or drop off food. If they were not logged into the DoorDash app or were not engaged in delivery-related activity at the time of the crash, then they are considered off duty.
This matters because on-duty drivers fall within the scope of DoorDash’s insurance coverage. The company offers excess auto liability insurance to protect against third-party bodily injury or property damage, typically with a coverage limit of around $1 million. However, if an off-duty driver hits your car, they are essentially acting in their personal capacity, and DoorDash has no liability. In these cases, you must file a claim against the driver personally or their personal auto or homeowner’s insurance.
Scenario | Steps to Take for a Claim |
On-Duty Drivers | Contact DoorDash directly and go through their insurance provider. |
Off-Duty Drivers | File against the individual driver’s personal insurance. |
Get legal help from a team that will never stop fighting for you.
Does DoorDash Provide Insurance for Accidents in Pennsylvania?
DoorDash provides a limited set of insurance policies for its drivers; however, coverage is contingent, meaning it only applies under specific conditions. If the driver is logged into the DoorDash app at the time of the accident but has not accepted a delivery, then contingent auto liability insurance will be in effect; specific limits vary by state. It is essential to understand that under this coverage, DoorDash’s policy only pays after the driver’s personal auto insurance is exhausted or denied.
The other type of coverage for a DoorDash-involved accident is called excess auto liability insurance. This coverage kicks in if the driver has accepted a delivery and is en route to pick up the order or deliver it to the customer. Like the prior coverage, excess auto liability insurance only activates after the driver’s personal auto insurance limits are reached. It provides up to $1,000,000 in excess auto liability coverage, as well as coverage for bodily injury and property damage to third parties. However, it does not cover damage to the rideshare driver’s own vehicle.
There are also situations where DoorDash insurance does not apply at all, including when the driver is:
- Off-duty
- Using their vehicle for personal errands
- Responsible for an accident that occurred between deliveries
How Pennsylvania Law Affects DoorDash Accident Claims
In Pennsylvania, when you purchase car insurance, you are required to choose between full tort and limited tort coverage. Under a full tort policy, you preserve the right to sue for both economic and non-economic damages, regardless of injury severity.
With limited tort, you give up the right to sue for non-economic damages unless your injuries meet certain exceptions. Full tort has slightly higher premiums, which is a primary reason why people choose limited tort coverage.
Title 75 §1738 of the Pennsylvania Consolidated Statutes governs stacking uninsured and underinsured motorist coverage. This statute gives insured drivers in Pennsylvania the option to stack their UM/UIM coverage across multiple vehicles, or to waive that right.
If an uninsured DoorDash driver hits your car and you have UIM coverage, you can file a claim on your own policy. If the driver’s liability insurance or DoorDash’s coverage is not enough to fully cover your damages, your UIM coverage could come into play.
Regardless of the path you take for compensation, it is crucial to abide by Pennsylvania’s statute of limitations for filing. Under this, any lawsuit to seek damages for personal injuries must be filed within two years.
Available Damages
The types of damages you are eligible for after a DoorDash driver hits you will largely depend on whether you have limited or full tort insurance coverage. Economic damages, which are the tangible, objective losses from an accident, are accessible regardless of coverage. These include the following forms of compensation:
- Past and future medical expenses
- Lost wages from time off work and reduced earning capacity
- Out-of-pocket costs
- Property damage
Non-economic damages cover the more subjective losses you experience from a personal injury. These only apply if you chose full tort, or you qualify under a limited tort exception, and can consist of the following:
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
- Loss of consortium
Common Defenses DoorDash and Insurers Use Against Victims
Even if liability appears obvious to you, insurers may still try to argue that the driver was off-duty at the time of the incident or that only personal insurance applies. They typically do this by using victims’ recorded statements against them. For example, victims may post about their accident on social media like Facebook or Instagram, not realizing that insurers can use their words against them. Because of this, we always recommend avoiding posting about your case.
Similarly, a lack of medical documentation can harm your case as it allows insurers to claim your injuries are non-existent or not requiring medical intervention. It is vital to see a doctor and document your injuries to prevent insurers from undermining your case in this way.
Insurance companies can also attempt to utilize Pennsylvania’s comparative negligence laws. They may claim that the victim was partially responsible for the accident. If done successfully, this could result in compensation being reduced by the percentage of fault. Plaintiffs who are found to be over 50% liable for their injuries may be barred from compensation altogether.
The safest approach is to avoid using social media altogether. You should avoid posting anything about your case or its progress on social media. This includes updates on your injuries, treatment, physical condition, physical activities including travel, comments on media stories about your case or accident, or reviews of businesses—even positive ones. The defense is going to try to knock you down and say your injuries aren't that serious.
What to Do Immediately After Being Hit by a DoorDash Driver
You can take proactive steps to protect yourself and your potential claim after a DoorDash driver hits your car.
- Step 1: Address Injuries – Seek medical assistance if you sustain any injuries from the accident, even if they seem minor. This will provide you with documentation of your injuries to strengthen your claim.
- Step 2: Collect Evidence – If possible, take photos and videos of the vehicle damage, injuries, and road conditions at the scene. If any witnesses are present, request their contact information and exchange insurance details with the DoorDash driver.
- Step 3: Contact an Attorney – Consulting a lawyer immediately after the crash ensures your claim is filed on time with the correct documentation. Your legal representative can also communicate with the other party’s insurance on your behalf and negotiate for a fair settlement.
Get Help With Your DoorDash Claim
If you or your loved one has been hit by a DoorDash driver, do not wait to get the legal help you deserve. Our dedicated and skilled attorneys at Cordisco & Saile, LLC can navigate your case from start to finish, taking an aggressive approach to negotiations with insurers and never accepting low-ball offers. To learn more and to get started with building a compelling case, call our law office at 215-642-2335 to schedule a free consultation.
Serving as a personal injury attorney in Pennsylvania, Michael Saile has been honored as both a Brain Injury Top 25 Lawyer by National Trial Lawyers and a 2024 Super Lawyer. He earned his J. D. at Widener University School of Law where he was a member of the Moe Levine Trial Advocacy Honor Society. Saile is also the author of two publications titled “Not Another Bad Lawyer” and “Don’t Crash Again”.
