Can I Sue DoorDash for a Delivery Accident in NY?

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.

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.

DoorDash carries third-party liability insurance for drivers who are actively on a delivery — typically up to 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.

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.