It is no secret that delivery and rideshare services are a growing industry in the American economy. With these new types of services readily available to the general public, one can simply order a car to come straight to their door with the purpose of delivering food or taking them to a different place at the click of a button. While the one making the order themselves is not on the road fetching food or transporting people from point A to point B, a complete stranger working for an unfamiliar company under different circumstances is.
The new food delivery and rideshare services present novel issues on the road when their drivers are involved in motor vehicle accidents. The individuals operating the cars are usually independent contractors for their respective companies. In addition, they are subject to their own decisions as they perform various tasks on the roadways. Soloff & Zervanos, P.C. seeks to communicate the most up-to-date information regarding auto law in Allentown in addition to informing the public of the legal implications of rideshare car accidents.
As previously mentioned, many of these drivers are considered independent contractors for their companies. While this may be the case in many situations, some of them are actually employees and may try to convince you that they are contractors instead. Someone is considered an employee if the company that pays them (in this case the rideshare or delivery company) has the right to determine how, where, and when work is carried out. An independent contractor is designated when the parent company only has the right to control the result of the work, not how it is performed.
The insurance implications for each designation are distinct. If the driver is an employee, the business that they work for will be liable for their actions. This is mandated under the legal doctrine respondeat superior. On the other hand, if the individual is a contractor, the individual will be the one that is most likely liable, should they have caused the accident themselves.
In some cases, food delivery services will still offer insurance coverages for car accidents that involve their independent contractors. Each company is completely different in this regard as Amazon, a local pizza delivery service, DoorDash, Lyft, Uber, and others may have completely different rules when it comes to insurance coverage.
It is also important to consider the personal auto insurance of the individual you were in an accident with. If the Rideshare company refuses to pay out your insurance claim, the responsibility will still fall to the individual. No matter the case, it is still important to obtain their information after getting into an accident with them. This is especially important if they are independent contractors as you will not have the time to call or learn about the intricate company policies that the delivery company has when obtaining compensation. Luckily, rideshare auto accident attorneys can help you with this.
Navigating the complex legal claims process after an accident with a delivery or rideshare company employee can be extremely daunting and confusing. While this may be the case, Allentown car accident attorneys at Soloff & Zervanos, P.C. have dealt with a myriad of different kinds of car accident cases. We are confident that we will be able to effectively manage your case with our passionate and knowledgeable auto accident legal team. Reach out to us today at 215-929-7216 or by clicking here. We answer calls 24/7 and offer free consultations to our future clients.