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Who may pay for your injuries
Food delivery drivers usually drive their own cars, so the driver’s personal auto policy is often the starting point. Delivery apps may also carry insurance that applies during certain parts of a delivery. The terms of that coverage come from the company’s policy, and those details are not always public. The answer depends on the policy and the facts; a lawyer can check.
California has written rules for rideshare companies that carry passengers, such as $1 million in liability coverage during a ride. A food delivery is a different setting, so do not assume those same limits apply to a DoorDash or Uber Eats trip. If the driver was also logged into a passenger app at the time, the coverage questions get more involved and the app records matter even more.
Your own insurance can help
If the delivery driver had no insurance or drove off, your own policy may help. California auto policies must include uninsured motorist coverage unless you signed a written agreement to drop it or lower it. It can also cover a hit-and-run when the other vehicle physically touched you or your car and the crash was reported on time.
If you bought MedPay, it pays reasonable medical expenses from a covered crash up to your limit, no matter who was at fault. An uninsured motorist claim has strict steps: within two years you must sue the at-fault driver, reach an agreement with your insurer, or start arbitration by certified mail. A hit-and-run must also be reported to police within 24 hours.
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Fault and the driver’s job status
Fault is decided by the evidence: photos, video, witness statements and the police report. California uses pure comparative fault, so if you share some of the blame, your recovery goes down by your share but is not wiped out. A driver looking at a phone for the next order is a common question in these crashes, so phone and app records can matter.
In California, an employer is generally liable for an employee who crashes while driving on the job, under respondeat superior. Delivery apps often treat their drivers as independent contractors, and whether the company shares responsibility depends on the facts and the law that applies. That is a question a lawyer should look at with the app records and the policies in hand.
What to do now
Get medical care the same day if you can. Take photos of both cars, the plates, the scene and your injuries. Note any delivery bag, app sticker or food order in the other car, since that helps show the driver was working. Get the driver’s name, phone number, license and insurance card, plus the names of any witnesses and the police report number.
Keep your bills, receipts and records of missed work. Do not sign a release or give a recorded statement to any insurer or delivery company before you talk with a lawyer. In California, an injury lawsuit must generally be filed within two years and a property damage suit within three years. In Washington, injury suits generally have three years.
How Beverly Law can help
We can gather the driver’s insurance, ask the delivery company to keep its app data, and work out which policies apply to your crash. You owe no fees or costs unless we win. Call (310) 552-6959 or use the form on this page to tell us what happened and get answers about your next steps.
Delivery crashes often raise the same coverage questions as rideshare crashes, and your own policy can matter as much as the driver’s. These related pages may help: whose insurance applies when a rideshare driver is between rides, what to do if an uninsured driver hit you, how MedPay works in California, and Amazon delivery van accidents.
Common questions
Does DoorDash insurance cover accidents?
DoorDash and other delivery apps may have insurance for some parts of a delivery, but the exact terms come from the company’s policy. The driver’s own auto policy is often the starting point. A lawyer can find out which coverage applies to your crash and what the limits are.
What if the delivery driver had no insurance?
Your own uninsured motorist coverage may pay. California policies must include it unless you signed a written agreement to drop it. Within two years you must sue the driver, settle with your insurer, or start arbitration by certified mail, so do not wait.
Can I sue Uber Eats or DoorDash directly?
Maybe. It depends on what the driver was doing in the app, the company’s policy, and how the law treats the driver’s relationship with the company. These facts take records to prove, so a claim usually starts by keeping the app data and the driver’s insurance information.
How long do I have to file a claim?
In California, a personal injury lawsuit must generally be filed within two years of the crash, and a property damage lawsuit within three years. Uninsured motorist claims have their own two-year steps. In Washington, injury lawsuits generally have three years.
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Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Amazon Delivery Van Accident · Amazon Truck Accident in California · Do Amazon Delivery Vans Have Cameras? · FedEx Truck Accident · UPS Truck Accident · All car and truck accident questions
Sources
- Cal. Pub. Util. Code § 5433(b)(1)-(2), (c)(1)-(2) (as amended by SB 371, Stats. 2025, ch. 314)
- Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
- California Department of Insurance, Auto Insurance Terms glossary; policy terms
- Cal. Ins. Code § 11580.2(i)(1)(A)-(C), (b)(1)-(2)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- Cal. Code Civ. Proc. § 335.1
- Cal. Code Civ. Proc. § 338(c)(1)
- RCW 4.16.080(2)
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.