These days, delivery services bring almost everything to your home. Especially since the pandemic, it seems like everything we buy is dropped off at our doors. This includes food and meal delivery services such as Uber Eats and DoorDash.
With so many cars performing so many deliveries, wrecks are bound to happen. Normally, we assume that an accident involving a delivery car operates the same as any other. This might not be true. If you are in an accident with a food delivery driver, you could have trouble collecting insurance benefits.
OKLAHOMA IS AN AT-FAULT STATE
In Oklahoma car accidents, liability lies with the at-fault driver. The responsible party’s insurance pays for the damages. It is a simple system, but when the liable driver uses their car for work, things get complicated.
Food delivery drivers may not be insured when they are working. Insurance companies normally have separate plans for people using their cars for work. Since these drivers are on the road more often, they have a higher likelihood of accidents. When a food deliverer starts a job, from pick up to drop off, they could technically be uninsured.
Many drivers work for the bigger delivery companies. Some of these companies insure their drivers, and some don’t. Some deliverers work independently, directly with the restaurants, and they might not report their job to their insurance company.
If you are hit by an insured driver, there should be no problems. You can file a claim, and their insurance takes care of your damage, injuries, and so forth. When hit by an uninsured food deliverer, you could be stuck.
When an at-fault driver is uninsured, you can make a plea to your insurance company for help. You might be able to collect benefits, but you can also be denied. In that situation, it is best to bring the matter to an attorney.
SEEKING LEGAL COUNSEL
If you were hit by an uninsured food delivery driver, talk to a lawyer. An experienced lawyer knows how to negotiate with your insurance company, helping you receive compensation.
When all else fails, you may be forced to file a lawsuit.
SUING THE DRIVER
Suing an uninsured, at-fault delivery driver is a tricky prospect. On one hand, they are undeniably liable for your injuries and property damage. On the other, bringing them to court may serve no purpose. Food deliverers do not make vast sums of money. If they are uninsured on the job, it’s probably because they can’t afford the extra insurance. You may have every legal justification to sue, but the driver might not be able to pay your damages.
SUING THE DELIVERY COMPANY
Big delivery companies should protect their drivers. From the time the driver picks up the delivery to the moment they drop it off, they are employees. They represent the company, serve its interests, and make it rich. If these companies are not insuring their drivers, they should be held accountable for accidents and injures caused by their drivers. This is also true for drivers who work directly with restaurants. Your attorney may be able to bring action against these employers. Often, the very threat of litigation leads to a settlement.
If you’ve been hurt in a food delivery crash, call our office today. We can help investigate the driver’s insurance and liability, and we can work to help you get the compensation you deserve. For a free consultation, call 918-492-7674, or contact us online