What Happens If Your DoorDash Driver Gets in an Accident?

DoorDash provides up to $1 million in third-party liability coverage while a driver has accepted an order and is actively delivering. This can cover pedestrians, other motorists, and anyone else injured as a result of the accident. However, if the driver was simply logged into the app but had not yet accepted a delivery, coverage is reduced or may not apply, potentially shifting more liability to the driver's personal auto insurer.

DoorDash classifies its drivers as independent contractors, which it uses to argue it is not liable as an employer under respondeat superior. Despite this, New York courts have allowed claims to proceed against gig-economy platforms under various theories, including negligent hiring and negligent entrustment. An attorney can evaluate whether DoorDash itself bears liability given the specific facts of your accident.

Call 911 and get a police report, then seek medical attention right away even if injuries seem minor. Document the scene with photos, get the driver's name, license plate, and DoorDash order information, and gather witness contact details. Report the incident to DoorDash through their support portal and preserve any evidence of your damages, including medical bills and lost wages.

Under CPLR §214, you generally have three years from the date of the accident to file a personal injury lawsuit in New York. If a government vehicle or employee is involved, the deadline is far shorter and requires a Notice of Claim filed within 90 days. Missing any deadline can permanently bar your claim, so consulting a NY personal injury attorney as soon as possible is critical.