Instacart shoppers deliver groceries to millions of households, often driving personal vehicles through residential neighborhoods with heavy loads. When these drivers cause accidents, injured parties face the same gig economy liability challenges as other app-based delivery services.
Instacart's Business Model
Instacart uses "shoppers" who are classified as independent contractors to shop for groceries at partner stores and deliver them to customers. Full-service shoppers both shop and deliver, while in-store shoppers only pick items—delivery accidents involve full-service shoppers driving their own vehicles.
This independent contractor model means Instacart argues it's not vicariously liable for shopper negligence the way employers are liable for employee actions.
Insurance Coverage for Instacart Accidents
Instacart provides contingent auto liability insurance for shoppers during active deliveries. This coverage applies from when the shopper accepts a batch through delivery completion. The coverage is secondary to the shopper's personal insurance.
Coverage limits and terms have changed over time—verify current coverage terms when pursuing a claim. Like other gig platforms, Instacart's coverage may not apply when shoppers are traveling to stores before accepting orders.
Personal Auto Insurance Gaps
Most personal auto policies exclude commercial delivery activities. Instacart shoppers may believe they're covered when they're actually not. If the shopper's personal insurance denies coverage, Instacart's contingent coverage may become primary.
This insurance complexity requires thorough investigation of all potentially applicable policies and their coverage terms.
Holding Instacart Liable
Despite independent contractor status, several theories may support claims against Instacart:
Negligent selection: If Instacart fails to properly screen shoppers or uses drivers with dangerous histories, direct negligence claims may apply.
Control-based theories: The more control Instacart exercises over how shoppers perform their work—routes, timing, procedures—the stronger the argument for treating them as de facto employees.
Misclassification arguments: If shoppers are actually employees under applicable legal tests, Instacart would have full vicarious liability for their driving negligence.
Unique Instacart Risks
Heavy loads of groceries affect vehicle handling, braking distances, and driver visibility. Overloaded personal vehicles may perform poorly in emergency situations.
Time pressure from delivery windows and batch completion requirements encourages rushing. Shoppers racing between stores and deliveries may take risks that lead to accidents.
Distracted driving from checking the app for order details, customer messages, and navigation creates constant attention demands beyond normal driving.
Evidence in Instacart Cases
Key evidence includes Instacart records showing whether the shopper was on an active batch at the time of the accident, the shopper's history with the platform, GPS and route data from the app, and communication records between the shopper and customer/support.
Preserve evidence of the delivery activity—photographs showing Instacart bags, groceries in the vehicle, or the app displayed on the driver's phone establish the commercial delivery context.
Multiple Potential Defendants
Instacart accidents may involve claims against the individual shopper for negligent driving, Instacart for negligent selection or vicarious liability, the shopper's personal auto insurer, and Instacart's contingent insurance carrier.
Identifying all responsible parties and insurance sources maximizes recovery potential, especially when individual shoppers lack sufficient personal coverage.
Pursuing Your Claim
If injured by an Instacart driver, document the accident scene, the driver's information, and any evidence of delivery activity. Note whether the driver had Instacart materials visible.
Contact an attorney experienced in gig economy accident claims. The insurance and liability issues are complex, and skilled legal counsel can navigate multiple coverage sources and liability theories to pursue full compensation.