Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Does DoorDash insurance cover accidents in New York?
DoorDash provides up to $1 million in commercial liability coverage, but only while the driver is actively on a delivery — meaning they have accepted an order and are en route. If the driver was logged into the app but waiting for an order, coverage may be limited or fall back to the driver's personal auto policy. New York law requires all drivers to carry minimum liability insurance, but personal policies often exclude commercial delivery use.
Who is liable if a DoorDash driver injures me in a New York accident?
Liability depends on the driver's status at the moment of the crash. If they were actively delivering, DoorDash's $1 million commercial policy is primary. If they were off-duty or the app was off, you pursue the driver's personal insurance. Under New York's no-fault system, your own PIP coverage pays first regardless of fault, but you can still sue for serious injuries that meet the threshold under Insurance Law § 5102(d).
What is the deadline to sue after a DoorDash accident in New York?
The statute of limitations for personal injury claims in New York is three years from the date of the accident under CPLR § 214. Missing this deadline almost always bars your claim permanently. You should consult an attorney as soon as possible to preserve evidence, identify all liable parties, and meet any earlier notice requirements if a government entity is involved.
What should I do immediately after being hit by a DoorDash driver in NY?
Call 911 and get a police report, photograph the scene, and collect the driver's license, registration, and insurance information. Note whether the DoorDash app was active on the driver's phone. Seek medical attention right away — gaps in treatment can harm your claim. Report the incident to DoorDash through their app or support line and contact a New York personal injury attorney before giving any recorded statements to an insurer.
Do I have to file a no-fault claim first, and what is the deadline?
Yes. Because New York is a no-fault state, your own vehicle's Personal Injury Protection, or the DoorDash vehicle's PIP, pays your initial medical bills and lost wages regardless of who caused the crash. The written no-fault application must reach the insurer within 30 days of the accident; miss that window and the insurer can deny basic benefits. Filing no-fault does not stop you from later suing for pain and suffering if your injury meets the serious-injury threshold.
What happens if DoorDash's insurer denies my claim?
A denial is not the end of the process. Insurers commonly deny by arguing the driver was between orders or logged off when the crash happened, which shifts coverage to the driver's personal policy. Your attorney can subpoena DoorDash's trip records and the driver's app data to pin down their exact status at the moment of impact. If the commercial policy truly does not apply, the claim shifts to the driver's personal insurance or your own uninsured-motorist coverage, so a denial usually redirects the claim rather than ending it.
How long does a DoorDash accident claim take to resolve in New York?
It varies with injury severity and how hard the insurer fights coverage. A straightforward claim with clear delivery-status evidence can settle in a few months, while disputes over which policy applies, or serious injuries that need a full medical picture before valuing, can take a year or more. Because you have three years to file suit, it is usually wise to wait until you have finished treatment or reached maximum medical improvement before settling, so you are not paid for future costs you cannot yet see.