If you were injured in a car accident involving a restaurant delivery driver, you need the immediate help of an award-winning Michigan food delivery accident lawyer.

Food delivery services have become more popular, especially during the COVID-19 pandemic. Restaurants like Jimmy Johns, Domino’s, and other fast food places offer delivery.

Companies like Grubhub, DoorDash, Postmates, and Uber Eats allow families a way to enjoy their favorite restaurant meals without having to leave their house. Additionally, grocery delivery companies such as Shipt, Instacart, and Amazon Fresh have allowed consumers ways to get their groceries delivered without having to leave their homes.

When there is a car accident involving a food delivery driver, you need a top-rated Michigan car accident attorney. Our top-rated auto accident attorneys are the difference between winning a great settlement and receiving no settlement at all.

Do I Need a Food Delivery Accident Attorney?

If you were involved in an accident with a food delivery service driver, it is important to have a lawyer begin an investigation as soon as possible. This is necessary to locate and interview eyewitnesses and find evidence like surveillance videos on nearby buildings.

There are strict time deadlines for filing insurance and personal injury claims. If you miss this deadline, your case will be destroyed forever. A delay may forfeit rights to a settlement in the future.

If you are unsure about hiring a food delivery service accident lawyer, just call us for a free consultation to learn more about your legal rights. There is no cost to speak with one of our experienced attorneys in Michigan.

We will answer all of your questions and tell you our opinions about your case, and if you hire us, we start working immediately.

Do I Need To File a Police Accident Report?

Michigan law requires drivers to report any auto accident that causes more than $1,000 in property damage, results in death or injury, or damages an unattended vehicle or other property.

The car accident must be reported, but the driver may not be required to file a written report. However, many insurance company policies require a written traffic crash report to be filed within 24 hours of an accident in order to qualify for insurance benefits.

Food Delivery Drivers and Insurance Policies

Grubhub held the largest market share in the U.S. in 2020, accounting for 28%. Uber Eats was the second highest with 27%, and Doordash was third with 13%.
food delivery companies market share 2020 buckfire law
Some food delivery services offer their drivers additional coverage, but not all. Drivers may find themselves with a coverage gap between their personal policy and their employer policy. If the delivery driver is not covered under a company’s commercial policy, or if the office does not offer a commercial policy, the delivery driver will be covered by their personal automobile insurance policy. In some instances, these personal policies exclude crashes that occur if the driver is working at the time.

The driver, and the food delivery service, can be held liable for the car crash if the driver was reckless negligent. Lawmakers have ruled that independent contractors for food delivery services are considered employees and are therefore the responsibility of the companies.

Your food delivery accident attorney will also look to see if the company is liable for not properly vetting the driver. Our law firm will investigate if:

  • The driver was given a thorough background check
  • There are any past alcohol or drug issues that the company should’ve been aware of
  • Any other risk factors in the driver’s background that indicate potential risks


Grubhub delivery drivers are not provided with any auto insurance coverage. Drivers are required to have their own insurance.


DoorDash does offer liability insurance which covers the delivery driver once they have picked up the food. However, the food and driver must be in the vehicle, and the insurance doesn’t cover any car accidents that occur if the driver is on their way to pick up the food or if the driver is waiting to accept an order.

The policy is also an “excess” policy, which means if the DoorDash driver causes the accident, the commercial policy kicks in after their personal insurance policy coverage is exhausted.


Delivery drivers for Postmates are provided liability coverage, which covers them as soon as they accept an order. They do not provide coverage if the driver is waiting to accept an order. Drivers are required to carry their own car insurance, and Postmates’ coverage only kicks in after the personal policy is exhausted.

Uber Eats

Uber Eats offers collision and liability insurance to their delivery drivers, except in New York. It covers them during the time they’re on the clock picking up and delivering orders. If the Uber Eats driver is involved in a car crash while waiting online to accept an order, the insurance coverage is still there but the amount covered is less than if the driver was actively delivering an order.


Shipt offers an insurance policy that works in conjunction with their driver’s personal coverage, while the drivers are on an active delivery. They also require drivers to carry their own personal insurance plan as well.


Instacart does not offer any auto insurance for their drivers and does require drivers to carry their own personal insurance plan.

Common Types of Food Delivery Car Accidents

Many food delivery car accidents happen because drivers are not paying attention. They may be checking their phones for order or paying attention to directions if they’re delivering to an unfamiliar area. Some other common causes of auto accidents are:

Can I Sue a Food Delivery Service for Pain & Suffering?

You can sue DoorDash, Grubhub, Postmates, Uber Eats, and all other companies if you suffered an injury due to the negligence of a food delivery driver.  Under Michigan law, you may be entitled to receive Michigan no-fault insurance benefits to pay your medical bills, lost wages, and other expenses.

And, you may qualify for a pain and suffering settlement.  This is compensation for your physical pain, mental anguish, disability, and loss of enjoyment of life.

Serious Injuries in a Food Delivery Accident

Auto accidents can result in very serious and sometimes permanent injuries. Many times, the victim does not even realize the seriousness of the injury until days, weeks, and even months after the crash.

The most common types of injury after a food delivery accident include:

  • Traumatic brain injury (TBI), closed head injuries, and concussions.
  • Damage to the spinal cord causing paralysis and quadriplegia.
  • Herniated and bulging discs to the cervical neck and back.
  • Broken and fractured bones, including ribs, pelvic bone, and sternum.
  • Arm and hand injuries, including degloving.
  • Knee and leg injuries, including a fractured hip.
  • Shoulder injuries, including a torn rotator cuff or labrum.
  • Nerve damage, including paresthesia and loss of sensation.
  • Scars and serious disfigurements.
  • Psychological and emotional trauma.
  • Whiplash and soft tissue damage.

Buckfire Law will get all of your medical records, reports, and x-rays to prove the full extent of your injuries.

Our experienced Michigan food delivery accident lawyers will provide these materials to the insurance adjuster along with our settlement demand letter to increase the amount of your compensation payout.

How Our Lawyers Help You After a Food Delivery Car Accident

The Michigan no-fault insurance laws are confusing. You need to know your rights after a Michigan car accident. When you choose our law firm for your car accident case, we will:

  • Get the accident report, witness statements, and full police investigation file.
  • Get all of your medical records, hospital records, and treatment records.
  • Deal directly with your auto insurance company adjuster for you.
  • Provide you with advice on your Mini-Tort property damage claim.
  • Submit all of your claims for medical bills, lost wages, and other no-fault insurance benefits.
  • Communicate with the insurance adjuster to make sure all benefits have been paid.
  • Determine the insurance policy limits for every possible insurer.
  • File a lawsuit against the negligent food delivery driver that caused your car accident.
  • Sue the negligent driver and vehicle owner for your pain and suffering compensation.
  • Negotiate with the insurance adjusters for you.
  • Get you the best car accident settlement for your pain and suffering.

Get the Best Michigan Food  Delivery Car Accident Lawyers

When you hire the law firm of Buckfire & Buckfire, P.C. to represent you, you are getting a top-rated team of Michigan food delivery accident lawyers on your side.

We’ve earned the top awards and honors in the legal profession and are recognized as legal experts in automobile negligence cases.

We will represent you under our No-Fee Promise. There is no up-front money and we do not charge any legal fees whatsoever unless you get a settlement. We also pay all of the case expenses.

Call us now to start your case.  We are ready and eager to help you!

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