Have you been injured by a DoorDash, UberEats, Postmates, or GrubHub delivery vehicle? Food delivery accidents have become common in recent years. In fact, a study by Cornell University showed that nearly half of app-based courier drivers reported being involved in an accident or crash while driving. So, if you have been hit by a food delivery driver, know that there are steps you can take to protect yourself and your rights. 

What should I do if I have been hit by a food delivery driver?

Assuming that you are still physically able at the time of the incident, call 911 immediately. Having the presence of authorities can help you obtain the evidence you need to seek compensation. You must stay on the site to provide your version of the accident. If you can, try to ask around for possible witnesses. 

Exchange contact and insurance information with the driver. To gather evidence, take photos and videos of the accident scene. Include the damaged parts of your vehicle, and look around if there are skid marks on the road (clues for speeding). If you can, try to take photos of the driver’s status on the food delivery app or ask the authorities to do so, as this will help determine liability. 

How should I complain to the food delivery company?

Avoid speaking to anyone from the food delivery company and its representatives. Insurance companies are known to try to pay as little as possible, so it is always better to get a lawyer to negotiate on your behalf. More importantly, do not discuss details of your accident. This is to prevent the other party from finding ways to shift the blame to you. 

Who’s liable if a food delivery driver hits me in Arizona?

Since most food delivery drivers are independent contractors, the driver himself is typically held responsible for the accident. Depending on the facts of your case, the food delivery app may also be held liable for your injuries.

However, if you were somehow careless at the time of the incident, you may also have a share of the fault. Under Arizona’s pure comparative negligence rule, you can still recover compensation even if you’re partially at fault. However, the amount will be reduced based on your level of negligence committed. For example, you were hit while walking distracted, without looking. The court determines that you are 20% at fault, so your compensation will be reduced by 20%. 

What insurance coverage applies to food delivery drivers in Arizona?

Arizona law requires all drivers, including food delivery drivers, to carry liability insurance that meets the state’s minimum coverage requirements (A.R.S. § 28-4009):

• $25,000 for bodily injury or death per person
• $50,000 for bodily injury or death per accident
• $15,000 for property damage per accident

Food delivery companies like Uber Eats, DoorDash, and Grubhub also provide insurance coverage for drivers, but the specifics vary:

Offline: Personal auto insurance will apply

Waiting for an order: Limited liability insurance (e.g., $50,000 per individual, $100,000 per collision for bodily harm with Uber Eats)

Active delivery: $1 million in third-party liability coverage (e.g., Uber Eats, DoorDash, Grubhub)

What compensation can I get for a food delivery accident in Arizona?

If you have been hit by a food delivery driver and it’s not your fault, you have the right to seek compensation for your injuries and other damages. Similar to other personal injury claims, you may be eligible to file for:

• Medical expenses (e.g., hospital bills, rehabilitation costs)
• Lost wages (e.g., missed workdays, reduced earning capacity)
• Pain and suffering (e.g., emotional distress, physical pain)
• Property damage (e.g., bike repairs, phone replacement)
• Disfigurement and scarring
• Permanent impairment and disability

Do I need a lawyer for a food delivery accident in Arizona?

Yes, consider consulting an Arizona personal injury lawyer to navigate insurance claims and potential lawsuits. You should hire a lawyer who specializes in handling claims for accidents involving DoorDash, Postmates, UberEats, GrubHub, and similar services.  Look for someone with a deep knowledge of Arizona laws and a track record of successful settlements. For example, a food delivery accident lawyer can help you negotiate with insurance adjusters to maximize your compensation.

How do I choose a lawyer for a food delivery accident in Arizona?

Your goal is to find someone who can represent you in the best way possible. Therefore, you must consider not just any personal injury lawyer, but the one who specializes in food delivery accident cases. Your lawyer must have the knowledge and experience needed to interpret Arizona laws. He must also understand the complexities of the insurance policies that cover food delivery apps. 

Here are some questions to ask potential lawyers:

• How many food delivery accident cases have you handled?
• What’s your strategy for negotiating with insurance companies?
• How will you help me maximize my compensation?

Moreover, choose the food delivery accident lawyer with a verifiable record of successful settlements and verdicts. Even better, hire the one who works on a contingency basis. No fees unless they win the case for you.