The gig economy is providing employment to a large number of people, but hazards such as car accidents involving gig workers have also increased. Delivery drivers are required to meet tight delivery deadlines and work under tough conditions, which can contribute to accidents.
Determining liability and damages for a delivery driver that gets injured while behind the wheel can be complicated. Several factors need to be considered while determining the avenues for compensation. You should talk to an experienced car accident attorney as soon as possible following your accident to learn more about your legal rights.
Workers’ Compensation Benefits for Drivers Employed in the Gig Economy
Liability for injury and damages works differently depending on whether a worker is employed or hired on a contractual basis. Typically, employed drivers have to wear a uniform, work under the company’s supervision, and drive a company vehicle. These drivers can usually pursue workers’ compensation benefits following a car crash.
You should speak with a qualified personal injury attorney if you contributed to the accident in some manner. If you seek benefits through workers’ compensation, you may not be able to sue your employer for additional expenses. You should contact an experienced car accident attorney if you are not sure about your employment classification.
In some cases, an injured delivery driver may be allowed to pursue a third-party claim. This is in addition to receiving workers’ compensation benefits. For instance, if the other driver’s negligence resulted in the accident, you may be able to pursue workers’ compensation. These are a few other instances:
- Poor maintenance of the delivery vehicle if it is owned and maintained by someone other than the employer.
- Negligent driver that crashes into the delivery vehicle.
- Manufacturer of a faulty product, such as defective tires.
Compensation for Independent or Subcontracted Drivers
If you deliver for a company but are classified as an independent contractor because you drive your own vehicle or manage your own hours, you may not be eligible for workers’ compensation benefits. In this situation, you should consider filing a car accident claim against the responsible party.
An experienced personal injury attorney will be able to help you identify negligence and calculate the compensation you deserve. You may be able to pursue compensation from a negligent driver even if they don’t have valid car insurance. Your attorney may be able to seek damages through your personal insurance carrier. Stemming from this, you should have purchased appropriate commercial insurance coverage for your vehicle.
You should make sure you are covered by car insurance as required by the law before you start working as a delivery driver in the gig economy. It can be expensive to skip this. Regular auto insurance policy may not cover the vehicle you use for deliveries because of the high risk associated with it.
If you meet with an accident, involve a personal injury attorney as soon as possible. This will ensure that you don’t take any counterproductive steps accidentally. Your attorney will understand your situation and help you do everything to get the maximum compensation possible.
Obtaining Compensation Through Delivery Service Insurance Coverage
There are several delivery service apps that take out insurance coverage for their contracted delivery drivers. In most cases, you would need to satisfy a few requirements for this coverage to become available. DoorDash, a leading delivery service company, offers up to $1 million in insurance coverage for injured drivers. This coverage is available in the event a delivery driver meets with an accident while delivering an order.
You won’t get coverage if you were on the way to pick up an order. There are different policies enforced by different delivery companies. Having a competent and informed personal injury attorney on your side can help you navigate the complex maze of obtaining the compensation you deserve.
If you met with an accident while completing a delivery using your employer’s vehicle, you may be able to seek workers’ compensation benefits. This mandatory employer-held insurance can be used for paying medical expenses and covering lost wages.
Obtaining Compensation from the Other Driver
You can sue the at-fault driver if they caused the crash. You can seek compensation by filing a personal injury lawsuit against the responsible driver. This can be useful in seeking damages that are not covered by the delivery service company’s liability insurance or workers’ compensation claim. Third parties can be sued for compensating for pain and suffering and for long-term medical care.
Injured individuals are not allowed to collect twice for the same type of injury. There are statutes that can be explained by a qualified car accident attorney. You can get the compensation you deserve for your accident by allowing a competent personal injury attorney to navigate the process.
Get Legal Representation from Top-Rated Personal Injury Lawyers to Maximize Your Compensation
If you or someone you love was involved in a recent car accident while working as an app-based delivery driver, the attorneys at Fox Injury Law can identify all possible avenues for compensation and pursue a strong claim on your behalf. Call us today or reach us online to schedule your free and confidential consultation with our legal team.
