If you have been involved in an accident with an Instacart driver, calling a car accident attorney could be the very best thing you do. Instacart is one of the largest, most widely available grocery delivery services in the U.S. Instacart partners with a wide variety of supermarkets, membership stores, pharmacies, and even local specialty shops. Since 2013, Instacart and other grocery delivery services have grown by leaps and bounds, particularly during the pandemic.
In fact, Instacart went from losing $25 million per month in 2019 to recording its first monthly profit in April 2020, netting $10 million. At the end of 2019, Instacart had less than 100,000 employees, with 350,000 more employees hired in 2020. Today, Instacart has more than 9.6 million active users, along with more than half a million shoppers who pick up and deliver the items.
Adding the hundreds of thousands of driver deliveries to our already busy streets increases the likelihood of an accident. But what happens when an Instacart driver is involved in a car accident? Whether the accident is the fault of the Instacart driver or another driver, who pays for the damages? These are important questions that can greatly benefit from having an experienced Instacart car accident attorney from Martinson & Beason by your side from start to finish.
Unlike Uber, Lyft, and DoorDash, Instacart carries no liability insurance of its own. The company skirts the issue by claiming all its drivers are independent contractors. This requires the drivers to provide their own auto insurance, at least equal to the minimum requirements in their state. This means that an Instacart driver could be carrying only $25,000 in insurance to cover bodily injury claims. Medical treatments, lost wages, and disruptions to your life could very easily exceed $25,000 when the crash is severe.
If you are an Instacart driver involved in an accident that is your fault, your personal car insurance could potentially be denied if it is determined you were involved in a “commercial driving” activity. You can purchase business insurance as an addition to your regular auto insurance that would cover this particular issue. If you do not have business insurance, your claim and that of those in the other vehicle could be denied, leaving you personally liable.
If you are an Instacart driver injured in an accident that was not your fault, you are likely aware Instacart considers you an independent contractor—meaning they are not responsible. You will file against the at-fault driver’s insurance to recover for your injuries, lost wages, pain and suffering, and other damages. If the other driver has no insurance or is underinsured, you can check your own policy to see if it includes uninsured/underinsured coverage.
Generally speaking, if you are injured by an Instacart driver who is clearly responsible for the accident, you will file on the driver’s insurance. In certain instances, although Instacart claims its drivers are “independent contractors,” your Instacart car accident attorney could potentially skirt this “no company liability” shield. This could be done by investigating how carefully the company hiring the driver considered his or her prior driving record or anything else that suggested the driver could potentially present an unreasonable risk to other drivers or pedestrians.
As with any car accident, it is essential that you first ensure the safety of all those involved. Call 911 for police and ambulance services. Assess the situation and determine whether anyone involved requires medical attention. In many cases, even if you believe you are “fine,” injuries can manifest when the adrenaline rush from the accident wears off. Do not refuse medical treatment unless you are 100 percent sure you suffered no injuries from the accident.
If there were witnesses and you are physically able, write down contact information. Take photos of the scene of the accident and the vehicles with your phone—they could be invaluable down the road. Once you are home, write down any details you can remember about the accident. Memories fade with time, and the smallest detail could be significant. Finally, contact a highly skilled Instacart car accident attorney from the experienced law firm of Martinson & Beason, P.C.
Liability will be determined in an Instacart accident just as it is with any car accident. It is essential that you have the police come and make an accident report. This report can be invaluable when determining liability. If you are hit by an Instacart driver, the process is no different than being hit by any other driver since Instacart carries no liability insurance. If, however, your injuries are severe and it appears the Instacart driver’s insurance is woefully inadequate, an experienced Instacart car accident attorney can help you determine whether a lawsuit against Instacart could have a positive outcome.
Most victims of a car accident are entitled to the following damages:
If you are an injured Instacart driver or you have been injured by the negligence of an Instacart driver, you may be unsure of where to turn. You may be dealing with medical expenses mounting in an alarming manner, and, if you were unable to return to work, you may be unable to pay even your most basic expenses. You do not need to deal with the anxiety and stress of a car accident on your own. At Martinson & Beason, we help people in similar situations every day. We truly care about our clients, going above and beyond to ensure they get the medical treatments they need and the financial compensation they deserve. We will take the entire burden of pursuing damages off your shoulders, allowing you to spend your time healing and getting your life back to normal. Contact Martinson & Beason, P.C. today for a free consultation.
I have had a wonderful experience during my time if need. I was in a major car accident that changed my life. I had the honor of working with a great team of people who cared. Martinson & Beason is a professional and caring law firm that truly makes everything easy and informational. I would recommend them to anyone for their needs and making things simple.
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