During the height of the pandemic, food delivery services took off. Business of Apps said DoorDash revenue climbed nearly 35% to $6.58 billion in 2022. Uber Eats generated $8.3 billion in revenue in 2021, a 72% increase. An increase in service means an increase in drivers and delivery personnel.
An increase in business for these services often increases the risk of crashes. If a gig delivery driver injures you, you could have questions about your situation. Can you pursue an insurance claim? Do you file a claim with their employer or the driver?
You need an experienced Chicago personal injury attorney to guide you through recovery. The Staver Accident Injury Lawyers, P.C., are ready to hear your case. Call (312) 236-2900 to get started.
What Are “Gig” Drivers in Chicago?
Also known as “alternative employment arrangements,” gig workers aren’t traditionally employed. They work “as needed” and include positions like freelancers, dog walkers, ride-hailing drivers, or food delivery drivers.
Chicago has a variety of apps available, including GrubHub, Seamless, DoorDash, Instacart, and more. Gig workers register with the app and take “jobs” as they pop up. For instance, a DoorDasher can find an order from a nearby restaurant and deliver it to the buyer. The app will pay them, and the buyer could tip them.
Are Gig Drivers Considered Employees?
This is a murky distinction. Even if gig workers are using apps as their full-time employment, they may not be considered full-time employees of the company. There has been a recent push to classify gig workers as full employees instead of contractual workers.
This can complicate the insurance claim process if you’re in an accident with a gig driver. Some companies provide insurance, but determining when it applies and who benefits can be tricky. A Chicago personal injury lawyer can help you get to the bottom of the situation.
Who Can You File a Claim With After a Delivery Driver Crash?
Delivery companies might provide some insurance for their gig workers. For instance, DoorDash has an occupational accident policy that dashers are automatically enrolled in when they sign up for the app. It covers up to $1 million in medical expenses and disability payments of up to $500 a week.
However, policies like this are designed to cover the gig worker, not the other person involved in the accident.
Drivers are required to carry their own insurance. Illinois drivers need to have the state-minimum amounts of insurance.
- $25,000 for injury or death of one person in an accident
- $50,000 for injury or death of more than one person in an accident
- $20,000 for damage to the property of another person
Challenges to Delivery Driver Accident Claims
Although the companies these gig drivers work for may provide them insurance, that doesn’t mean they’ll pay the crash victims. There’s a chance the companies will argue they don’t need to pay their own workers for the accident.
Insurance companies operate as for-profit entities. They want to generate revenue, not pay out settlements. They’ll argue for any kind of “out” they can get from a claim. They could say the driver wasn’t working during the crash, so their personal insurance should handle your claim. Their personal insurance could argue they were working, so the company may be liable.
What Causes Crashes with Delivery Drivers in Chicago?
Delivery workers conveniently allow consumers to work or stay home while their food is brought. However, that convenience can come at a price.
Some reasons drivers are involved in accidents include:
- Speeding and ignoring traffic laws
- Aggressive maneuvering or reckless driving
- Running red lights or stop signs
- Distracted driving
- Driving under the influence
Not all delivery workers are in vehicles: some use their bicycles. These cyclists could ride on sidewalks or down busy streets, making them hard to see or causing unexpected collisions.
What Kind of Injuries Can a Delivery Driver Cause in Chicago?
Car crashes cause a variety of injuries. Although each case is different, you can expect a car crash to cause injuries like:
What Compensation Can You Recover After a Crash with a Delivery Driver?
If you’ve been injured by a delivery driver’s reckless behavior or negligent acts, you can pursue economic and non-economic damages.
Economic damages are monetary damages you typically pay out of pocket. Loss of wages, medical expenses, a reduced earning capacity, or property damage count as economic damages.
Non-economic losses are conceptual and complex to calculate. These losses can include pain and suffering, mental anguish, reputational damage, diminished quality of life, and loss of consortium.
A personal injury attorney can help you calculate your total losses using your records, witness statements, and medical personnel’s opinions.
How Can a Delivery Driver Crash Attorney Help Me?
You are entitled to compensation if a delivery driver’s negligence has hurt you. Although Illinois has a two-year statute of limitations to file a claim that starts after your accident, you might not have as much time as you think. Collecting evidence, building your case, and working to settle your claim is a timely process.
An attorney can help you investigate your case, identify liable parties, and work with insurance companies to negotiate your claim. Because of the gray area around the worker status and protections of gig workers, it may take time to argue which insurance companies can cover your claim. An attorney will recognize who to talk to and how to proceed. They’ll work with you to build your case and secure the best outcome possible.
Get Help from Your Chicago Personal Injury Lawyer
You deserve compensation when you’ve suffered injuries and losses in a crash with a delivery driver. Working with an experienced personal injury attorney from Staver Accident Injury Lawyers, P.C., can give you the edge to obtain the compensation you deserve.
We’ve helped clients throughout Chicago recover millions. Each case is unique, but we’re confident we can help you. We operate with a “no-win, no-fee” policy, so you can rest assured we’ll pour ourselves into your case.
Get started with a free consultation. Call (312) 236-2900 or use our online form.
