When food delivery drivers cause accidents in New Jersey, victims face complex insurance battles and legal loopholes. Attorney Scott Grossman has over 20 years of experience fighting these challenging cases and has recovered millions for accident victims.
The rise of DoorDash, Uber Eats, and Grubhub has transformed how we get our meals. But it’s also created new dangers on New Jersey roads. According to the U.S. Bureau of Labor Statistics, workers in transportation and material moving occupations had 1,495 fatalities in 2023, representing 28.3% of all fatal work injuries.
While DoorDash reports that 99.99% of deliveries complete without safety incidents according to an INSIDE EDITION investigation, even this small percentage represents thousands of accidents when applied to millions of daily deliveries. Uber’s 2017-2018 US Safety Report documented 97 fatal crashes resulting in 107 deaths, with 58% being third parties – innocent people like you who just happened to be in the wrong place at the wrong time. With over 1 million DoorDash drivers nationwide, food delivery accidents are becoming increasingly common.
When these accidents happen, victims often discover that the rules are different from regular car crashes. Insurance companies exploit these differences to deny claims and minimize payouts.
Why Food Delivery Accidents Are Different in New Jersey
Food delivery accidents create unique legal challenges that most people don’t understand until it’s too late.
The Malzberg Case Changed Everything for Food Delivery Drivers
A landmark New Jersey case demonstrates the coverage gaps facing food delivery accident victims. In Malzberg v. Josey, Scott Malzberg was delivering food for Uber Eats when another driver struck his motorcycle, causing severe injuries. The at-fault driver had only New Jersey’s minimum insurance coverage of $15,000 per person – nowhere near enough to cover Malzberg’s medical bills.
The New Jersey Superior Court ruled that Uber Eats was not required to provide uninsured/underinsured motorist coverage to its drivers. The court determined that New Jersey’s Transportation Network Company Safety and Regulatory Act only applies to companies that transport passengers, not food delivery services.
This ruling created a dangerous coverage gap. Food delivery drivers don’t receive the same insurance protections as Uber and Lyft rideshare drivers, even though they face similar risks on the road.
What this means for accident victims: If a food delivery driver hits you, they may have far less insurance coverage than you expect, leaving you to fight for compensation through other means.
DoorDash’s Limited Coverage Creates Problems for Victims
While DoorDash provides up to $1 million in liability coverage, this protection comes with strict limitations that can leave accident victims without compensation.
When DoorDash Coverage Actually Applies
DoorDash insurance only covers accidents during the “Delivery Service Period” – the time between accepting an order and completing delivery. If a driver is:
- Heading to a “hotspot” to wait for orders
- Driving home after their shift
- On their way to start working
DoorDash will deny coverage and place responsibility on the driver’s personal insurance policy.
The Coverage Denial Requirement
Even during active deliveries, DoorDash’s policy only applies after “a claim has been submitted to the Dasher’s auto policy, and they have denied the claim and provided you with a coverage denial letter.” This creates frustrating delays when you need immediate medical treatment and compensation.
Major Coverage Gaps
DoorDash’s insurance won’t cover damage to the driver’s own vehicle. Many drivers don’t realize their personal auto insurance excludes commercial activities like food delivery, leaving them – and you – without adequate protection.
Uber Eats Arbitration Clauses Block Court Access
A shocking New Jersey case shows how food delivery companies use fine print to avoid jury trials and limit compensation.
The McGinty Case: When Ordering Food Blocks Your Rights
John and Georgia McGinty suffered severe injuries when their Uber driver ran a red light in March 2022. Georgia sustained multiple spine and rib fractures requiring surgery, while John suffered a broken sternum and wrist damage.
When the couple tried to sue Uber, they discovered they were blocked from court. Months earlier, their teenage daughter had ordered Uber Eats using her mother’s phone and clicked “agree” to terms requiring binding arbitration.
The New Jersey Appellate Court ruled that this arbitration clause prevented the McGintys from pursuing their case in court, despite their life-altering injuries.
How Arbitration Hurts Accident Victims
Arbitration often favors large corporations over injured individuals by:
- Limiting compensation amounts
- Avoiding jury trials that could result in larger verdicts
- Using private proceedings that lack transparency
- Restricting appeals of unfavorable decisions
The danger: Simply ordering food through these apps can unknowingly waive your right to sue if you’re later injured in an accident involving their drivers.
Independent Contractor Status Complicates Claims
Food delivery companies classify their drivers as independent contractors, not employees. This distinction creates significant obstacles for accident victims seeking compensation.
Why This Classification Matters
In traditional employment relationships, businesses are responsible for accidents caused by their employees under vicarious liability principles. But food delivery companies avoid this responsibility by classifying drivers as independent contractors.
According toBureau of Labor Statistics, there were 5,283 fatal work injuries in 2023, with transportation incidents being a leading cause. Yet gig workers often lack the same protections as traditional employees.
The Insurance Coverage Problem
- GrubHub provides no insurance coverage for its drivers, leaving them entirely dependent on personal policies
- DoorDash only provides limited coverage during active deliveries
- Uber Eats follows similar restrictive coverage patterns
Many delivery drivers don’t realize their personal auto insurance won’t cover them while working, creating a coverage gap that hurts everyone involved in accidents.
When Personal Auto Insurance Fails
Most people assume their car insurance covers them everywhere they drive. For delivery drivers and accident victims, this assumption can be financially devastating.
The Business Use Exclusion
Personal auto insurance policies typically exclude coverage for commercial activities. The National Highway Traffic Safety Administration reports increasing concerns about commercial driving safety, yet many drivers remain unaware of coverage exclusions.
What Happens When Coverage is Denied
When a food delivery driver causes an accident, victims often face:
- Personal insurance companies denying claims due to commercial use
- Delivery companies pointing to limited coverage periods
- Drivers who lack adequate insurance to cover damages
- Complex disputes over which policy applies
The result: Injured victims are left with mounting medical bills while insurance companies shift responsibility to avoid paying claims.
Scott Grossman’s Experience with Food Delivery Accident Cases
Attorney Scott Grossman brings over 20 years of personal injury experience to food delivery accident cases. As a member of the New Jersey Association for Justice Board of Governors and the American Association for Justice, Scott understands the complex insurance issues unique to gig economy accidents.
Proven Results in Complex Cases
Scott Grossman has successfully handled thousands of personal injury cases, securing significant settlements including:
- $992,470 verdict in Quackenbush v. Orepeza-Parra
- $900,000 settlement in Serano v. Portnov
- Millions recovered for rideshare and delivery accident victims
Specialized Knowledge of Rideshare and Delivery Laws
Having represented clients in Uber, Lyft, and food delivery accidents throughout New Jersey, Scott Grossman understands:
- How delivery company insurance policies actually work
- When personal insurance applies and when it doesn’t
- How to investigate complex multi-party claims
- Strategies to overcome arbitration clauses when possible
The Growing Danger of Food Delivery Accidents
The statistics tell a concerning story about the risks of food delivery services:
- Statista reports that U.S. smartphone food-delivery app users rose from 36.4 million in 2019 to 45.6 million in 2020.
- Nearly half of delivery drivers surveyed by Cornell University reported being involved in accidents
- The Bureau of Labor Statistics reports that couriers and messengers had 77,000 total injury cases in 2023, with a rate of 9.2 cases per 100 full-time workers
These drivers face unique pressures that increase accident risks:
- Time pressure to complete as many deliveries as possible
- Payment structures that encourage speeding
- Long hours leading to fatigue
- Inadequate vehicle maintenance
Your Rights After a Food Delivery Accident
Don’t let insurance companies take advantage of the complex rules surrounding food delivery accidents. You have rights, even when dealing with these complicated cases.
Immediate Steps to Protect Your Claim
- Call 911 – Get medical attention and create an official police report
- Document everything – Take photos showing the driver was on duty
- Identify the delivery service – Note which app the driver was using
- Gather witness information – Their testimony can be crucial
- Preserve evidence – Don’t let important details disappear
Why You Need an Experienced Attorney
Food delivery accident cases are more complex than regular car accidents. You need an attorney who understands:
- Multiple insurance policies and coverage periods
- Arbitration clause challenges
- Independent contractor liability issues
- How to maximize recovery from limited coverage
Grossman Law’s Comprehensive Approach
At Grossman Law Rideshare Accident Attorneys, we don’t just handle your case – we guide you through every step of recovery. Our approach includes:
Thorough Investigation
- Determining which insurance policies apply
- Gathering evidence of driver negligence
- Analyzing delivery company liability
- Investigating vehicle maintenance issues
Aggressive Advocacy
- Fighting insurance company denials
- Challenging unfair settlement offers
- Pursuing all available sources of compensation
- Taking cases to trial when necessary
Personal Attention
As Scott Grossman’s clients consistently note in their testimonials, “Mr. Grossman and his staff helped me get all my medical necessities taken care of without any issues” and “They are very knowledgeable, trustworthy, and very patient.”
Common Types of Food Delivery Accidents We Handle
Our experienced team handles all types of food delivery accidents across New Jersey:
Vehicle Collisions
- Rear-end accidents at delivery stops
- Intersection crashes during rush deliveries
- Wrong-way accidents on unfamiliar streets
Pedestrian Accidents
- Drivers distracted by GPS or delivery apps
- Accidents in parking lots and driveways
- Injuries to customers during delivery
Bicycle and Motorcycle Accidents
- Delivery cyclists struck by vehicles
- Motorcycle delivery drivers in collisions
- E-bike and scooter accidents
What Compensation Can You Recover?
Even with the complexities of food delivery accidents, you may be entitled to significant compensation including:
- Medical expenses – Current and future treatment costs
- Lost wages – Income lost due to your injuries
- Pain and suffering – Compensation for physical and emotional trauma
- Property damage – Vehicle repairs or replacement
- Disability accommodations – Costs for permanent impairments
- Punitive damages – In cases of extreme negligence
New Jersey’s Time Limits for Food Delivery Accident Claims
New Jersey’s statute of limitations gives you two years from the accident date to file a personal injury lawsuit. However, evidence disappears quickly in food delivery cases:
- GPS and app data may be deleted
- Driver employment status can change
- Witness memories fade
Don’t wait – the sooner you act, the stronger your case becomes.
Why Choose Grossman Law for Your Food Delivery Accident Case
Experience That Matters: Over 20 years successfully handling complex personal injury cases in New Jersey, with specific expertise in rideshare and delivery accident claims.
Proven Track Record: Scott Grossman has recovered millions for accident victims, including significant settlements in challenging cases involving multiple insurance policies.
No Fees Unless We Win: We handle all food delivery accident cases on a contingency fee basis – you pay nothing unless we secure compensation for you.
Personal Attention: Unlike large firms that treat clients as case numbers, we provide individual attention to every client. You’ll work directly with Scott Grossman throughout your case.
Professional Recognition: Scott Grossman serves on the Board of Governors of the New Jersey Association for Justice and is recognized by peers as a top-rated New Jersey personal injury attorney.
Contact New Jersey’s Top-Rated Food Delivery Accident Attorneys
When food delivery accidents happen, you need more than just any lawyer – you need an attorney who understands the unique challenges these cases present. Scott Grossman and the team at Grossman Law Rideshare Accident Attorneys have the experience, knowledge, and dedication to fight for the compensation you deserve.
Don’t let insurance companies take advantage of complex delivery driver policies and coverage gaps. Call (732) 625-9494 today for your free consultation with New Jersey’s leading food delivery accident attorneys.
We serve clients throughout New Jersey, including: Monmouth County, Middlesex County, Ocean County, Passaic County, Camden County, Mercer County, Bergen County, Essex County, Union County, and beyond.
Time is critical in food delivery accident cases. Evidence disappears, witnesses forget, and insurance companies start building their defense immediately. Call now to protect your rights and secure the compensation you deserve.