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Who Is Liable When an Instacart Driver Causes a Crash?

Man reporting and insurance agent filling claim form near broken car outdoors

Drivers for companies such as Instacart may bear financial responsibility when he or she causes a collision while on delivery. An online-based grocery delivery service, Instacart contracts with more than 200,000 shoppers in Nevada and across the U.S. As the demand for such services and the number of grocery delivery drivers on the road increase, so too does the occurrence of auto accidents involving these motorists and the potential for causing other drivers serious injuries.

Man reporting and insurance agent filling claim form near broken car outdoors

Drivers, Not Instacart Responsible for Delivery Accidents

Instacart does not carry insurance to cover its contracted delivery drivers while working. Rather, the company includes in its contracts with employees a condition that the driver must maintain valid coverage in accordance with the state requirements. Classifying delivery drivers as independent contractors, Instacart wipes its hands of financial responsibility for losses occurring as a result of crashes caused by on-the-job drivers. Instead, liability for damages like medical expenses, lost wages, and vehicle repairs may fall to the delivery drivers themselves.

Delivery Gigs and Auto Insurance Requirements

When using personal passenger vehicles to deliver groceries for Instacart or other such services, motorists do not require additional coverage or a commercial insurance policy. Rather, the drivers need only carry the mandatory minimum liability coverage, which includes bodily injury coverage of $25,000 per person and $50,000 per collision. Drivers must also carry coverage of $20,000 per crash for property damage.

Not all private insurance policies cover Instacart and other delivery drivers while on the job. Some private policies may include exclusions for accidents occurring while using private vehicles for business purposes, such as delivering groceries. Should the private insurance policies not cover on-the-job crashes, and without supplemental coverage from Instacart, delivery drivers may bear full financial liability for accident-associated damages.

Comparative Fault in Instacart Accidents

The rule of comparative fault may apply to crashes involving Instacart drivers making deliveries. Therefore, the other motorists involved in such accidents may consult a motor vehicle accident lawyer to recover damages commensurate to the percentage of fault assigned to the delivery driver. For example, if an Instacart driver ran a red light, colliding with a vehicle that was speeding, then both drivers acted negligently prior to the accident. The court then determines the Instacart driver was 80% liable for the wreck, and the speeding driver, bearing 20% fault for the accident, may only receive damages of up to 80% of the accident-associated losses.

The George Bochanis Injury Law Offices was established in 1985. Before opening his office, Mr. Bochanis spent years representing major insurance companies in litigation cases and prior to that was a law clerk to a prominent local district court judge. Our offices have grown from a small one person setting to having its own well known office location on South Ninth Street in Downtown Las Vegas with 15 employees.

Years of Experience: More than 28 years
Nevada Registration Status: Active
Bar & Court Admissions: Nevada State Bar Federal Court of Nevada, 3rd Circuit

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Since opening our doors in 1985, the accident lawyers at the George Bochanis Injury Law Offices have been committed to helping injury victims get full compensation after slip and fall accidents, motor vehicle crashes, workplace injuries, and other personal injuries.

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