If a DoorDash driver injured you in Washington DC, you can seek some immediate compensation if you carried personal injury protection (PIP) coverage at the time of the accident. After that, you may seek compensation from the driver’s insurer. DoorDash also carries a commercial insurance policy that may apply in specific circumstances.
Busy schedules are the norm if you live in our nation’s capital, and food delivery services like DoorDash help make meals and grocery shopping far more convenient. However, with more gig workers making deliveries, the potential for car crashes involving them has also gone up.
What Should You Do If You Are in an Accident with a DoorDash Driver?
After a car accident involving a DoorDash driver, you should follow these steps:
- Get medical attention – Get medical help to address both your visible injuries and “hidden” injuries you may not have noticed. A formal record of your injuries is crucial to insurance claims and lawsuits.
- Get a crash report – If you called the police to the scene, they should write an accident report. You should request a copy of your crash report as soon as possible, whether by email, regular mail, or in person at the police headquarters building.
- Report the accident to DoorDash – You can use the app, their hotline, or this form to report the crash and the driver. Even if they won’t be liable for the collision, it’s still helpful to make them aware.
- Save evidence – Be sure to hang onto evidence, including photos and videos of the accident scene, medical bills, pay stubs showing missed work, and receipts for any crash-related expenses.
- Contact a lawyer – A DoorDash accident driver can explain all your options for compensation and help determine what works best for your situation.
Can You Recover Damages After an Accident with a DoorDash Driver?
In some cases, you can pursue compensation for your losses after a DoorDash car accident. However, your legal options will depend on some very specific circumstances.
First, you can choose to receive compensation from your PIP coverage within 60 days of the collision. If you’re receiving PIP benefits from your insurer, you can only sue the DoorDash driver for compensation in these scenarios:
- Your medical bills exceed your insurance policy’s PIP limits.
- You were substantially and permanently scarred or disfigured.
- Your injuries caused permanent disability or total disability for over 180 days.
Next, your lawyer must weigh what happened against the District of Columbia’s strict contributory negligence standard. In most cases, an injured driver cannot recover any damages if the court determines they were even 1 percent at fault for the accident.
If the DoorDash driver was entirely at fault, you may be able to demand compensation from them for your losses, including:
- Medical expenses
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Vehicle repairs or replacement
Your personal injury attorney can calculate your losses, work to negotiate a fair settlement, and file a lawsuit if necessary to pursue the money you are owed.
Who Is Liable for a DoorDash Accident in DC?
If the DoorDash driver caused the collision, they will likely be liable for your injuries and losses. There are very limited circumstances where DoorDash may be held liable for damages from a car crash caused by one of its drivers. An experienced car accident attorney can review your case and gather evidence to determine if the DoorDash driver, DoorDash, or another party may be responsible for compensating you.
What Is DoorDash’s Insurance Policy Coverage for Their Drivers?
With accidents involving an independent gig economy driver, multiple different insurance policies are in play. Compared to other companies, however, DoorDash’s standards are very strict.
Like any driver in Washington DC, DoorDash workers must carry personal liability insurance according to the District’s coverage minimums. They may need to add special rideshare coverage or face penalties from their insurer.
DoorDash also carries a commercial third-party insurance policy that covers up to $1 million in bodily injury and property damage. Drivers are covered under this policy from the moment they accept a delivery to the moment they complete it. The catch is that DoorDash’s insurance will only approve a claim if the driver’s personal insurance has already denied it.
After you exhaust your PIP benefits, your lawyer can file a claim for the remaining compensation with the DoorDash driver’s personal insurer. If the company denies the claim, then they will proceed to file a claim with DoorDash’s commercial insurance.
How Long Do You Have to File a Car Accident Claim in Washington DC?
According to Washington DC’s statute of limitations, you typically have three years from the date the accident happened to file a lawsuit. If you file after this period ends, the court will dismiss your case, and you’ll lose the right to seek compensation at trial. By hiring a lawyer you trust as soon as you can, they will have more time to prepare and file your claims in time.
Contact a Washington DC DoorDash Driver Car Accident Lawyer
If a DoorDash driver hit your car in Washington DC, you deserve an experienced legal team with the resources and skills to defend your rights. Since our founding in 1911, the Marks & Harrison team has secured several multi-million-dollar verdicts for injured clients throughout Virginia, Maryland, and the DC area. Our team is a group of highly decorated leaders passionate about the communities they serve, including former Virginia Delegates and Commonwealth Attorneys. Past clients call our lawyers “an incredible help… during a very difficult time.” For a free case review, contact our K Street office today.