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DoorDash Accident Claim: What You Need To Know

March 23, 2021 by Steven M. Gursten

DoorDash Accident Claim: What You Need To Know

When you have been injured in a DoorDash accident, you may be able to file a claim for pain and suffering compensation, excess medical expenses, excess lost wages and other economic damages against the at-fault food delivery driver.

You may also be able to file a DoorDash accident claim for No-Fault benefits to pay for medical bills and replace lost income.

Liability for DoorDash accident claims

An at-fault DoorDash driver is going to be liable for paying compensation, benefits or damages that are owed to victims of crashes resulting in DoorDash accident claims. Liability payments will largely be paid from the driver’s own liability insurance coverage.

DoorDash may also be liable along with the driver under the “respondeat superior” doctrine which makes an employer liable for its employee’s negligence that occurs within the scope of the employee’s employment if the driver was a DoorDash employee rather than an independent contractor.

DoorDash accident compensation

A person injured in a DoorDash accident may be able to file a claim and sue the at-fault food delivery driver for pain and suffering compensation as well as “excess” lost wages and medical bills, and other economic damages.

Pain and suffering compensation will cover: (1) physical pain and suffering; (2) mental anguish; (3) fright and shock; (4) denial of social pleasure and enjoyments; (5) embarrassment, humiliation or mortification; and (6) shame, mental pain and anxiety.

Excess lost wages cover the victim’s wage loss that exceeds the monthly maximum and/or beyond the three-year limit on No-Fault wage loss benefits. And excess medical bills are those that exceed the No-Fault PIP medical benefits coverage limit in the auto insurance policy through which No-Fault benefits are claimed.

Liability insurance coverage for DoorDash accident claims

When a food delivery driver is at-fault in causing a DoorDash accident, then the liability insurance coverage in his or her auto insurance policy will help pay for the claim for what they are ultimately determined to be liable for.

Michigan law requires all Michigan drivers – including delivery drivers – to carry liability insurance coverage with the following minimum limits:

  • “[N]ot less than $250,000.00 because of bodily injury to or death of 1 person in any 1 accident.” (MCL 500.3101(1); 500.3131(2); 500.3009(1)(a))
  • “[N]ot less than $500,000.00 because of bodily injury to or death of 2 or more persons in any 1 accident.” (MCL 500.3101(1); 500.3131(2); 500.3009(1)(b))

The law also provides that a driver “may choose to purchase lower limits” of $50,000 and $100,000. (MCL 500.3009(5)

A problem that often arises is when a DoorDash driver is at-fault in causing a crash while driving his or her own personal vehicle which is covered by his or her own personal auto insurance policy.

In these not uncommon situations, there may be very real additional exposure for the food delivery driver. Depending on the language of the driver’s auto insurance policy, there may be a “business use” or “commercial use” exclusion in the policy that would void all of the driver’s liability coverage if a crash occurs when the insured DoorDash driver was using his or her personal vehicle for work or some kind of business/commercial purpose.

That means that the DoorDash driver may not have insurance to pay for injuries he or she causes if at fault in causing a crash while driving a personal auto. Without liability insurance to protect the driver, personal assets such as a house, even a job, are at risk.

And for the innocent crash victims who were injured by the food delivery driver, that means they may not be able to recover the pain and suffering compensation, excess medical expenses, excess lost wages and other economic damages that they are legally entitled to if there is no insurance to cover losses and harms. Yes, an injured crash victim can still hire a lawyer and that lawyer can still file a lawsuit, seek a judgment, garnish future wages, etc. but as a practical matter it means many completely innocent and seriously injured people are unable to recover money to redress harms and losses from an automobile crash.

No-Fault benefits

If you were injured in a DoorDash accident in Michigan, then you can file a claim for No-Fault benefits to pay for your medical expenses and lost wages and a lawsuit for unpaid, overdue benefits if the auto insurance company that is responsible for paying your benefits has denied your claim and refuses to pay.

Here are the key details you need to know:

After a crash, No-Fault PIP insurance benefits pay for a crash victim’s medical expenses, lost wages, medical mileage (transportation expenses for traveling to and from doctor and medical appointments), household replacement services and attendant care services.

You must file an application for No-Fault benefits – which is also called your “written notice of injury” – with the responsible auto insurance company within one (1) year after the crash. (MCL 500.3145(1) and (4)) If you don’t, you will forever lose your right to claim and recover No-Fault benefits.

If your auto insurance company has refused to pay your No-Fault benefits after a DoorDash accident claim, your lawsuit for unpaid, overdue No-Fault insurance benefits must be filed within one year from the date that the medical bill, wage loss, medical mileage, replacement service or attendant service was incurred. (MCL 500.3145(2)) If such a claim is not filed within the one-year time period, then the bill will be time-barred and you will lose all rights to payment and/or reimbursement for the overdue benefits.

Who pays No-Fault benefits after a DoorDash crash in Michigan?

The auto insurance companies that will pay for your No-Fault benefits after a DoorDash accident claim will be one of the following: (1) Your own auto insurance company; (2) the auto insurance company for your spouse or a relative who lives in your home; or (3) if No-Fault coverage is not available through any of those sources, then you would seek No-Fault benefits through the Michigan Assigned Claims Plan. (MCL 500.3114(1) and (4))

Need help? Call the injury attorneys at Michigan Auto Law

Call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our attorneys if you were injured in a DoorDash crash and you would like to speak with an experienced attorney. Michigan Auto Law attorneys have spoken at national seminars and legal conferences, teaching injury lawyers across the country how to better handle your claims and better protect our clients. You can also get help from an experienced accident attorney by visiting our contact page or you can use the chat feature on our website.

DoorDash Accident Claim: What You Need To Know

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