How is Liability Determined in Accidents Involving Delivery Vehicles?

food delivery driver in carEvery day, there are more and more delivery vehicles on the roads, transporting packages or takeout food. This puts other drivers at greater risk of being involved in an accident with delivery drivers. These accidents can result in serious injuries and significant property damage.

If you were in an accident involving a delivery driver, you may be unsure about how to pursue compensation. Can you file a claim against the company itself? These companies often have deep pockets, so they should be able to cover your damages.

An experienced Appleton-based auto accident attorney is ready to review your situation in greater detail and discuss your available options. We have a proven track record, recovering millions of dollars in compensation for Wisconsin residents. The initial consultation comes at no cost or obligation to you.

A Firm You Can Trust. (920) 260-4526

Causes of Accidents Involving Delivery Vehicles

An accident with a delivery vehicle can happen for many different reasons. An accident may happen, for instance, if the delivery driver is:

  • Inexperienced – Delivery drivers do not have the same license or training as commercial drivers. However, some delivery vehicles may be considered commercial vehicles. An Amazon delivery van often has more blind spots and may be more challenging to maneuver than a passenger vehicle. A driver may lack the necessary experience to operate the van in a safe manner.
  • Speeding – Delivery drivers often face intense pressure from the delivery service companies that employ them to make their deliveries on schedule. Drivers may feel that they have to speed, run a red light or engage in other reckless behavior in order to deliver packages or food quickly.
  • Distracted – Delivery drivers who are distracted by their phones, GPS or eating and drinking behind the wheel may take longer to slow down and maneuver out of danger.
  • Fatigued – Delivery drivers may be pressured to work longer hours, which can cause them to get fatigued. Drowsiness can cause slower reaction times and trouble concentrating on the road.

Other accidents involving delivery vehicles may happen if these vehicles are not properly maintained and serviced. Insufficient maintenance may lead to tire blowouts, failed brakes or steering problems, which can make it difficult for the driver to control his or her vehicle and avoid an accident.

Insurance Coverage for Delivery Drivers

If a delivery driver causes an accident, he or she may not have enough personal auto insurance to cover a victim’s damages. Delivery service companies may carry liability insurance to cover the difference.

Amazon Flex

Amazon Flex delivery auto insurance provides $1 million in uninsured/underinsured motorist coverage and $1 million in liability coverage if one of their delivery drivers is at fault in an accident. The policy covers drivers delivering, picking up and returning undelivered packages to a designated location.

Amazon Flex drivers must also carry personal auto insurance to qualify for these benefits. In Wisconsin, this means satisfying the minimum liability coverage amounts and uninsured motorist coverage amounts.

Uber Eats

Uber Eats provides $1 million in liability coverage per accident. A delivery driver’s liability to a third party is covered from the moment a driver accepts a request to deliver food until the delivery is complete. The company’s comprehensive and collision insurance may cover damage to a driver’s vehicle during a trip.


DoorDash has a commercial auto insurance policy that covers up to $1 million in bodily injury and property damage if one of its delivery drivers causes an accident while on an active delivery. A driver must have been in possession of a food delivery. The company will not cover damages in an accident if the driver was on route to pick up an order, waiting to accept an order or leaving a delivery.


Grubhub is one of the rare exceptions. The company does not provide any kind of insurance coverage if one of their delivery drivers is involved in an accident. A driver is responsible for any damages he or she causes in an accident while making deliveries or in between deliveries.

A delivery service company will likely claim no liability for a driver’s actions. If this happens to you, we recommend working with a licensed attorney at our firm who can fight for your right to compensation.

Who Could be Liable for a Delivery Vehicle Accident?

If you were in an accident with a delivery driver, you may be able to pursue a claim for compensation against the delivery driver’s insurance company. As Wisconsin is an at-fault state, most car accident cases are resolved through an insurance settlement, often with the at-fault driver’s insurance company.

However, the at-fault driver’s personal auto insurance may deny coverage because he or she used his or her vehicle to make deliveries. (The insurance company may view this as a commercial driving activity.)

If the delivery driver has a separate insurance policy to cover an accident while making deliveries, you may be able to make a claim against that policy. Otherwise, you may have the right to sue for compensation if the delivery driver has enough personal assets to cover your losses.

Injured by a Delivery Driver as a Passenger

Passengers have their own rights after being injured in an accident. If you were injured as a passenger by a delivery driver, you may be able to file a claim against his or her insurance company.

Passengers may be able to file an injury claim against any driver who was negligent and caused the crash. This may include not just the delivery driver but the driver of the vehicle you were traveling in.

If the at-fault driver does not have enough liability insurance or no liability insurance to cover all your damages, you may be able to make a claim for underinsured or uninsured motorist benefits under your own auto insurance policy.

The Initial Consultation is Free of Charge

Pursuing compensation after an accident can be challenging, especially when a delivery vehicle is involved. Reach out to learn how we may be able to help you obtain the compensation you need.

It costs nothing to talk to an attorney about your situation. There is no upfront fee if we agree to handle your case and no upfront fee while we work on your case. Our firm only gets paid if you get paid.

Call (920) 260-4526 for a Free Case Review.