Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can you sue DoorDash directly or only the driver?
DoorDash classifies its drivers as independent contractors, which limits direct liability. However, New York courts look beyond labels — if DoorDash controlled how the delivery was performed, you may have a claim against the company itself. An attorney can help pierce the independent-contractor shield by examining app controls, GPS tracking, and delivery protocols.
What if a DoorDash driver hit me with their car in New York?
If a DoorDash driver struck you while on an active delivery, you can pursue a claim against the driver’s personal auto insurance and potentially DoorDash’s commercial liability policy, which provides coverage during active deliveries. NY No-Fault insurance covers medical bills regardless of fault, but you can step outside No-Fault to sue for serious injuries as defined under NY Insurance Law §5102.
What evidence do I need to sue DoorDash in NY?
Preserve the delivery receipt, screenshots of the DoorDash app confirming an active order at the time of the incident, photos of the scene, police reports, and witness contact information. Medical records documenting your injuries are essential to establish damages. Act quickly — app data and driver GPS logs can disappear.
How long do I have to sue DoorDash in New York?
New York’s general personal injury statute of limitations is three years under CPLR §214, running from the date of the incident. Missing this deadline almost always bars your claim permanently, so consult an attorney as soon as possible — evidence is also more available early on.