The GrubHub accident claims you may be able to pursue if you are injured in a crash include: (1) a claim against the at-fault GrubHub delivery driver for pain and suffering compensation, excess medical expenses, excess lost wages and other economic damages; and (2) a No-Fault benefits claim for medical expenses and wage loss.
Liability for GrubHub accident claims
An at-fault delivery driver’s liability to you for your pain and suffering compensation, excess medical expenses and lost wages and other economic damages will largely be paid from the at-fault GrubHub driver’s own liability insurance coverage.
If it is determined that the at-fault delivery driver was a GrubHub employee rather than an independent contractor, then GrubHub may also be liable along with the driver under the “respondeat superior” doctrine which imposes liability on an employer for its employee’s negligence that occurs within the scope of the employee’s employment.
The compensation that may be able to be recovered from the at-fault delivery driver in GrubHub accident claims after a person has been injured include compensation for pain and suffering, “excess” medical bills and lost wages, and other economic damages.
Pain and suffering compensation, which requires a GrubHub crash victim to show that he or she suffered a “serious impairment of body function,” 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 medical bills and excess lost wages are the amounts of medical expenses and lost income that are not covered and paid for by the No-Fault PIP medical benefits coverage level in the applicable auto insurance policy and/or that exceed the limits set by the No-Fault law.
Delivery driver’s liability insurance coverage for GrubHub accident claims
The liability insurance coverage available to at-fault delivery drivers in GrubHub accident claims will depend on the limit in a driver’s policy. The minimum liability coverage the all Michigan drivers must carry is $250,000/$500,000. (MCL 500.3101(1); 500.3131(2); 500.3009(1)(a) and (b))
The law also provides that a driver “may choose to purchase lower limits” of $50,000 and $100,000. (MCL 500.3009(5)
How insurance policy exclusions can complicate GrubHub accident claims
GrubHub accident claims for pain and suffering compensation and excess medical expenses and lost wages can be difficult to pursue for crash victims and financially devastating for at-fault delivery drivers when the driver’s liability insurance policy excludes coverage for “business use” of the vehicle.
A “business use” or “commercial use” exclusion in a liability insurance policy means that the auto insurance company that wrote the policy refuses in advance to provide any liability coverage in the event of a crash involving the covered vehicle where the insured is using the vehicle for work or some kind of business/commercial purpose.
The consequences of these “business use” exclusions under these circumstances is two-fold.
First, the victim who is injured by the at-fault delivery driver is unable to recover the compensation he or she is legally entitled to from the at-fault delivery driver’s auto insurance company, which could result in the victim being denied all compensation if the driver does not have the personal assets and resources to pay.
Second, because the at-fault delivery driver has no liability coverage through the insurance company to pay for the compensation that he or she is liable for, then the driver will be personally liable and will have to use personal resources and assets such as a house to pay for what he or she owes to the victim.
This is a real and not uncommon situation for delivery drivers who are at-fault in causing a crash while driving their own personal vehicles which are covered by their own personal auto insurance policies.
GrubHub accident claims for No-Fault benefits
No-Fault benefits will pay for an injured person’s medical expenses, lost wages, medical mileage and transportation expenses for traveling to and from doctor and medical appointments, household replacement services and attendant care services.
Within one (1) year of a GrubHub crash, the injured person must file an application for No-Fault benefits with his or her auto insurance company or with the insurance company that is responsible to pay under the No-Fault law. (MCL 500.3145(1) and (4)) Failure to file will forever disqualify the injured person from recovering No-Fault PIP benefits related to the crash.
Paying for No-Fault benefits
For GrubHub accident claims to recover No-Fault benefits, the auto insurance companies that will be required to pay will be one of the following: (1) The victim’s own auto insurance company; (2) the auto insurance company for the victim’s spouse or resident relative; or (3) through an auto insurance company assigned by the Michigan Assigned Claims Plan if No-Fault coverage is not otherwise available. (MCL 500.3114(1) and (4))
Call the attorneys at Michigan Auto Law for a free consultation
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 GrubHub 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 their insurance claims and better protect our clients. You can also get help from an experienced attorney by emailing [email protected] or you can use the chat feature on our website.