Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue DoorDash directly if their driver hit me in New York?
DoorDash classifies its drivers as independent contractors, which limits direct liability — but you can still sue the driver and may be able to name DoorDash under certain conditions, such as if the app was actively dispatching the driver at the time of the crash. NY courts apply a control test to determine whether a gig company shares liability. An attorney can evaluate whether DoorDash had enough control over the driver to be held responsible in your case.
What is the deadline to sue DoorDash or a delivery driver in New York?
Under CPLR §214, New York's statute of limitations for personal injury is three years from the date of the accident. Missing this deadline almost always bars your claim entirely, so it is critical to consult an attorney as soon as possible after the incident.
What insurance covers a DoorDash accident in New York?
DoorDash carries third-party liability insurance for drivers who are actively on a delivery — typically up to $1 million per occurrence. However, coverage depends on what stage of the delivery the driver was in when the crash occurred. When the app was off or between orders, the driver's personal auto policy may be the only coverage, and many personal policies exclude commercial activity. New York also requires all drivers to carry minimum liability insurance, but those limits are often insufficient for serious injuries.
What should I do right after being injured by a DoorDash driver in NY?
Call 911 immediately and get a police report — New York law requires a report for any accident involving injury. Photograph the scene, the driver's vehicle, and any visible injuries, and get the driver's license, insurance, and DoorDash order information. Seek medical care right away, since gaps in treatment can be used against you later. Then contact a personal injury attorney before speaking with any insurance company, including DoorDash's insurer.
Besides the driver and DoorDash, who else can I name as a defendant in New York?
The registered owner of the vehicle is a common additional defendant. Under New York Vehicle and Traffic Law Section 388, a car's owner is vicariously liable for the negligent driving of anyone using it with permission, so if the DoorDash driver borrowed or rented the vehicle, the owner can be sued too. If another motorist contributed to the crash, that driver and their insurer can also be named. Suing every responsible party matters because it opens more insurance policies to cover your injuries.
Can I still sue if I was partly at fault for the accident?
Yes. New York follows pure comparative negligence under CPLR Section 1411, so being partly to blame does not bar your claim; it only reduces your recovery by your share of fault. If you are found 20 percent responsible and your damages are $100,000, you still recover $80,000. Insurers often exaggerate a victim's fault to shrink payouts, which is why the percentage assigned to you is worth fighting over.
If the DoorDash driver fled the scene or had no valid insurance, who can I sue?
When the at-fault driver is unidentified in a hit-and-run or is uninsured, and DoorDash's commercial coverage does not apply because the driver was not actively on a delivery, you can turn to the uninsured motorist coverage on your own auto policy, which New York requires every auto policy to carry. That claim is made against your own insurer rather than a defendant in court, and an attorney can pursue it alongside any viable claim against the driver personally.