DoorDash and similar food delivery apps have transformed how Americans get meals, but the gig economy model creates legal complexity when accidents occur. Understanding how liability works for app-based delivery drivers helps accident victims identify responsible parties and pursue appropriate claims.
The Independent Contractor Question
DoorDash classifies its drivers ("Dashers") as independent contractors rather than employees. This classification significantly affects who bears liability for accidents. If Dashers are truly independent contractors, DoorDash may argue it has no vicarious liability for their negligent driving.
However, this classification is increasingly contested. Courts and regulators in various states have questioned whether gig workers are properly classified, and some have found companies like DoorDash exercise sufficient control to create an employment relationship.
DoorDash's Liability Arguments
DoorDash typically argues it merely operates a technology platform connecting customers with independent delivery drivers. The company claims it doesn't control how Dashers drive, what routes they take, or how they perform deliveries.
If this argument succeeds, your primary recourse may be against the individual driver—who likely has limited personal insurance and assets.
Theories for Holding DoorDash Liable
Despite the independent contractor classification, several theories may support claims against DoorDash:
Negligent hiring and retention: If DoorDash fails to adequately screen drivers or continues using drivers with known safety issues, the company may be directly liable for negligent selection.
Agency by estoppel: When DoorDash holds Dashers out as its representatives and customers reasonably believe they're dealing with DoorDash, the company may be liable as if an agency relationship existed.
Negligent entrustment: If DoorDash knows or should know a driver poses risks and continues allowing them to make deliveries, entrustment liability may apply.
Driver's Personal Insurance
Most personal auto policies exclude coverage for commercial delivery activities. Dashers driving for DoorDash may find their personal insurance doesn't cover accidents occurring during deliveries.
DoorDash provides some insurance coverage for Dashers during active deliveries, but this coverage has limits and conditions. Understanding what coverage applies—and pursuing all available policies—is essential for recovering adequate compensation.
DoorDash's Insurance Program
DoorDash provides contingent liability coverage for Dashers while on active deliveries (from order acceptance through delivery completion). This coverage typically provides up to $1 million in liability coverage, but it only applies when the Dasher's personal insurance is exhausted or doesn't cover the loss.
Coverage may not apply when the Dasher is driving to the restaurant (before accepting an order), when the Dasher is between deliveries, or when the Dasher is using the platform for personal errands.
Determining When the Accident Occurred
What the Dasher was doing at the exact moment of the accident matters significantly. Active delivery status triggers different insurance coverage than personal driving. Obtaining records from DoorDash showing whether an order was active at the time of the accident is crucial.
Other Food Delivery Services
Similar issues apply to Uber Eats, Grubhub, Postmates, and other delivery apps. Each has its own insurance programs and contractor relationships. The general liability analysis is similar, but specific coverage terms vary.
Pursuing Your Claim
If you're injured by a DoorDash driver, document everything: the driver's information, the vehicle, photographs of the accident, and any indication the driver was making a delivery (DoorDash bags, phone showing the app, etc.).
Seek legal counsel experienced in gig economy accident claims. These cases involve complex insurance coverage questions and evolving liability theories. An attorney can investigate all potential sources of recovery and pursue claims against appropriate parties.
Don't accept quick settlements from DoorDash or their insurers without understanding the full scope of your damages and all available coverage.