Can I File a Car Accident Claim with GrubHub?

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Food delivery services like GrubHub have become very popular in Florida, making it easier than ever for customers to enjoy restaurant meals from the comfort of their homes. However, as the number of GrubHub drivers on the road increases, so does the risk of car accidents involving these delivery drivers, leaving victims with serious and sometimes life-changing injuries.

If you were hurt in a crash with a GrubHub driver, you may be wondering who is responsible for your damages and how to file a claim. Recovering financial compensation for damages suffered in an accident can be complicated, as GrubHub does not consider its drivers to be employees. That’s why it’s important to have an experienced Tampa car accident lawyer on your side who can guide you through the process.

What is GrubHub?

GrubHub is a popular online food delivery service that connects customers with local restaurants through its website and mobile app. Founded in 2004, GrubHub allows users to browse menus, place food orders, and have meals delivered directly to their doorstep. The company operates in Tampa and thousands of other cities across the United States, partnering with a wide range of restaurants, from small local eateries to large chain establishments.

GrubHub relies on independent drivers, often referred to as delivery partners, to pick up and deliver orders. These drivers use their own personal vehicles and work as independent contractors, meaning they are not direct employees of GrubHub. This setup allows GrubHub to operate as a third-party delivery platform without taking direct responsibility for its drivers’ actions on the road.

How do GrubHub accidents happen?

Accidents involving GrubHub drivers can occur for many reasons, often related to the nature of food delivery work. Drivers deliver orders at all hours of the day. Common causes of accidents include:

Distracted driving: Drivers may be checking their phones for delivery instructions, using GPS, or communicating with customers while driving. This takes their attention off of the road and increases the risk of a crash.
Speeding & reckless driving: To complete deliveries quickly and earn more money, some drivers speed, ignore traffic signals and stop signs, or make unsafe lane changes.
Fatigue: Many GrubHub drivers work long hours or deliver food late at night, increasing the risk of drowsy driving.
Inattention on unfamiliar routes: Navigating new neighborhoods can lead to sudden stops, swerving, or hesitation, resulting in crashes.
Poor vehicle maintenance: Since drivers use their personal cars, some may neglect necessary repairs, leading to mechanical failures on the road.

Will GrubHub pay for my car accident?

GrubHub does not provide commercial auto insurance coverage for its drivers. Instead, drivers are required to carry their own personal auto insurance to cover accidents. This means that after an accident:

The GrubHub driver’s personal insurance is the primary coverage. In Florida, all drivers are required to carry at least $10,000 in Personal Injury Protection (PIP) coverage.
If the driver’s personal insurance denies the claim (since many policies exclude coverage for commercial activities), you may need to file a claim with your own insurance company.
You may also be able to use uninsured/underinsured motorist coverage (UM) if you have this option on your policy.

Can I sue GrubHub after being injured in a crash?

Suing GrubHub directly after an accident can be challenging because the company classifies its drivers as independent contractors, not employees. This classification allows GrubHub to avoid direct liability for accidents involving its delivery drivers.

However, in certain situations, GrubHub could still be sued if it can be proven that the company engaged in negligence or wrongful conduct that contributed to the accident. This could result in a settlement with GrubHub.

Here are specific scenarios in which you may have legal grounds to sue GrubHub:

Negligent hiring or retention of dangerous drivers

GrubHub is responsible for screening its delivery drivers and ensuring they meet basic safety standards. While the company does conduct background checks, its policies may not be thorough enough to prevent dangerous drivers from working on the platform.

You may be able to sue GrubHub if:

The company hired a driver with a history of reckless driving, DUIs, or multiple accidents.
GrubHub failed to properly vet the driver’s background, leading to the employment of someone who was unfit to be a delivery driver.
The driver had prior complaints about dangerous driving but was still allowed to continue making deliveries.

Allowing known dangerous drivers to continue working

Even if a driver initially passed GrubHub’s screening process, the company could still be liable if it failed to remove a driver who became a known risk over time.

For example, you may have a case against GrubHub if:

The driver had previous safety violations while making deliveries for GrubHub, but the company took no action.
GrubHub received multiple complaints from customers or other drivers about unsafe behavior but ignored them.
The driver had a history of traffic tickets, reckless driving, or substance abuse issues that should have disqualified them from working.

Unsafe business practices, policies, or app-related issues

Beyond individual drivers, GrubHub’s business practices or mobile app functionality may contribute to unsafe driving conditions. If GrubHub enforces policies that encourage reckless driving or create dangerous distractions through its app, you may have grounds for a lawsuit.

Some examples of negligence related to GrubHub’s policies include:

Unrealistic delivery deadlines: If GrubHub pressures drivers to complete deliveries quickly, it could encourage speeding, reckless driving, or running red lights.
Distracted driving due to the app: If GrubHub’s app requires drivers to accept new orders, check updates, or communicate while driving, it could lead to accidents caused by phone use behind the wheel.

What should I do if I’m in an accident with a GrubHub driver?

If you are involved in an accident with a GrubHub driver, take the following steps to protect yourself and strengthen your potential claim:

Report the accident to the police – A police report will provide an official record of the crash, which will be useful when filing a claim.
Seek medical attention – Even if injuries seem minor, getting medical help is crucial for your health and documentation.
Exchange information – Get the driver’s name, insurance details, GrubHub employment status, and license plate number.
Gather evidence – Take photos and videos of the accident scene, damages, license plates, and any visible injuries.
Get witness information – If there were bystanders, collect their contact information and ask if they would be willing to make a statement about what they saw.
Notify your insurance company – Tell them you’ve been in a crash, but stick to the facts.
Contact a car accident lawyer – An experienced attorney can advise you of your rights and determine if legal action is necessary.

How can a lawyer help if I was injured in an accident with a GrubHub driver?

A lawyer can help you recover compensation if you were injured in an accident with a GrubHub driver by handling the legal process and ensuring you receive fair compensation. An attorney can:

Investigate the accident – A lawyer can gather evidence to determine if the GrubHub driver was at fault and identify whether the driver was on an active delivery at the time. This often involves gathering police reports, witness statements, and video evidence.
Handle insurance claims – A lawyer can help you file a claim against the driver’s personal auto insurance and negotiate with insurance companies to prevent unfair settlements.
Maximize compensation – An attorney will help you seek damages for medical bills, lost wages, and pain and suffering and ensure you receive full compensation for vehicle repairs or replacement.
File a lawsuit, if necessary – A lawyer can help you take legal action, including a lawsuit against GrubHub for any negligent hiring or unsafe business practices.

If you’ve been injured in a GrubHub accident, we are ready to fight for you

At Armando Personal Injury Law, we understand how injuries from a car accident can impact your life. If you were hurt in a crash involving a GrubHub driver, recovering financial compensation can be complicated. An experienced car accident attorney can guide you through the claims process every step of the way.

Our legal team can investigate your GrubHub crash and gather evidence that helps prove negligence. We will pursue all options for compensation and will fight to get the best possible outcome, whether that’s through a negotiated settlement or a jury award. We have a record of getting results for our clients, including a multi-million-dollar settlement for a client who suffered severe injuries in a rear-end accident.

If you were hurt in a Tampa GrubHub accident, learn more about how we can help. Contact us to schedule a free consultation with an experienced car accident attorney. We can review the details of your GrubHub accident, discuss your legal options for recovering financial compensation, and answer any questions you have about your claim.

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