Understanding Insurance Coverage In Car Accidents With Delivery Drivers

What you will learn from this guide:

• Who is liable for accidents caused by delivery drivers in Florida.
• Who should you sue if you suffer personal injuries from an accident caused by a delivery driver.
• The differences in insurance for private and app-based drivers.

Is The Delivery Company Liable For Accidents Caused By Its Drivers In Florida?

As the online marketplace continues to grow, there’s an increase in delivery drivers on the roads, and with it, there is a higher chance of being involved in accidents with said drivers.

In Florida, transportation network companies are responsible for providing corporate insurance coverage for accidents caused by their drivers when the drivers are actually making a delivery or giving a customer a ride at the time of the accident.

However, they are not responsible for accidents that occur when drivers are simply cruising around with the app while seeking to accept work. When that happens, the delivery driver’s insurance covers the accident, assuming that the driver purchased ridesharing coverage.

This is different from situations where an online retailer who contracts with a separate company which owns its own delivery vehicles and then employs its own drivers. For these types of cases, there will be liability for the company that owns the delivery vehicles and on the drivers who cause the accidents.

Can I Sue Both The Driver And The Delivery Company For Damages In Florida?

In Florida, you can usually only sue the driver for an accident because the delivery driver for a transportation network company is considered an independent contractor as opposed to an employee. In order to sue the transportation network company, you would need to provide evidence that the driver was unqualified to drive or otherwise should not have been accepted or retained as a driver by the company.

The exception to this rule is where a large retailer (typically an online retailer) contracts with separate companies to make deliveries for them. Under these circumstances, the delivery company usually has its own insurance for delivery vehicles. You can sue the driver as well as the independent company that owns or leases the delivery vans. In some instances you may be able to sue the retailer as well however there is generally no liability simply because the retailer’s logo is on the delivery vehicle.

What Evidence Is Essential For Proving Liability In A Delivery Accident?

Most of the time, the police report and photographs are all you need to prove liability for an accident involving a transportation network company vehicle. In other cases, however, you may need to retain a personal injury attorney to assist with preserving evidence, such as going to the scene or subpoenaing the driver’s cell phone records.

With accidents involving delivery vehicles from a large online retailer, you may need an attorney to discover details about the separate company making the delivery and owning the delivery vehicle.

Christopher Russo is a seasoned lawyer based in Florida with close to 20 years of experience in Personal Injury law. He has helped countless clients just like you secure compensation for auto accident-related personal injuries through negotiations and litigation, and he can help you, too.

Still have questions? Ready to get started? Contact Russo Law Firm today to schedule an initial consultation.

What Happens If The Delivery Driver Was Off The Clock During The Accident But Driving A Company Vehicle?

The transportation network company is not responsible for delivery drivers’ negligence while off the clock or not making a delivery. This will be covered under the driver’s personal insurance.

On the other hand, a delivery vehicle for a large online retailer is typically owned or insured by the separate company making deliveries for the large retailer. There will often be commercial vehicle insurance for these cases.

What Happens If The Delivery Driver Was Using Their Personal Vehicle?

Generally, delivery drivers use their personal vehicles to make deliveries. The exception tends to be Amazon, where the delivery vehicle says “Amazon” or “Prime” on the side. In many cases, this vehicle is actually owned by a third-party independent contractor who then hires employees to drive it for them. In this instance, the company employing a fleet of delivery vehicles will have a commercial liability policy.

How Do Insurance Policies For App-Based Drivers (E.G., Door Dash, UberEATS) Differ From Traditional Delivery Companies?

App-based drivers are referred to as drivers for transportation network companies (TNCs) in Florida. The app operator generally has a significant insurance policy while the driver is making a delivery or carrying a passenger. If the driver is not making a delivery or carrying a passenger, then the driver’s own personal auto insurance applies.

How Can An Attorney Help Me Navigate The Complexities Of These Insurance Policies?

If a delivery driver caused an accident where you were injured, you will need the help of a personal injury attorney to obtain the available insurance policies, navigate the coverage and exclusions, and ultimately sue if necessary.

Attempting to seek compensation on your own can be difficult; allow a personal injury attorney with experience handling cases involving app-based drivers to review your case and lend their legal help.

Still Have Questions? Ready To Get Started?

For more information on Understanding Insurance Coverage In Car Accidents With Delivery Drivers, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (863) 243-6166 today.