Can I Make a Personal Injury Claim If a Delivery Driver Injured Me?
Being injured by an Uber Eats driver, DoorDash driver, or other food delivery driver can raise questions about liability, insurance coverage, and your right to compensation. If a car accident happens while a delivery driver is working, determining who is legally responsible may depend on how the accident occurred, the driver’s negligence, their insurance coverage, and whether a delivery-platform insurance policy was in effect. For example, FSRA currently lists Uber Eats as having an approved delivery auto insurance product in Ontario.
If you suffer bodily injury in an accident involving an Uber Eats delivery or another delivery vehicle, it is important to identify the applicable insurance company and all potentially responsible parties. Depending on the circumstances, you may have access to statutory accident benefits regardless of fault and may also be able to recover compensation through a claim against an at-fault driver. Ontario’s automobile insurance system has specific rules governing these claims, making it important to understand the legal process before dealing with insurers or determining the full value of your losses.
Liability in Accidents Involving Uber Eats or DoorDash Drivers
Liability in accidents involving drivers for food delivery companies like Uber Eats or DoorDash depends on how the collision happened and who was legally at fault. Delivery drivers are subject to the same basic negligence rules as other Ontario motorists. If an Uber Eats driver or DoorDash driver causes a car accident through negligent driving, such as speeding, following too closely, failing to yield or making an unsafe turn, the injured person may have a claim against the at-fault party. Simply making a food delivery does not automatically make the delivery driver liable.
Determining insurance coverage after a food delivery accident in Ontario can be more complicated. FSRA currently lists Uber Eats as having an approved delivery insurance product in Ontario, provided by Economical Insurance. Food delivery services such as Uber Eats and DoorDash are now a common sight on Ontario roads. DoorDash reported that more than 250,000 Canadians earned income through its platform in 2022. Uber Eats drivers are often independent contractors, not employees. With drivers spending significant time on the road making deliveries, accidents involving food delivery vehicles can happen.
Like any motorist, a delivery driver can cause a crash due to unsafe driving. Negligent driving behaviours include speeding and running stop signs. If you are injured in an accident involving an Uber Eats or DoorDash driver, you most likely have questions about who is responsible, which insurance policy applies and whether you can seek compensation for your injuries and losses. Uber also states that its Ontario commercial policy provides coverage during specified periods when a driver is using the platform, subject to the policy’s terms, limits and exclusions.
DoorDash uses a different insurance structure. DoorDash states that it provides Canadian Dashers with excess third-party automobile liability insurance during the Delivery Service Period, which runs from accepting a delivery request until the order is delivered, unassigned, or cancelled. DoorDash also requires Dashers to maintain primary auto insurance and states that a claim must first be submitted to the driver’s insurer and result in a coverage denial before its excess coverage will be considered.
DoorDash allows drivers to report safety concerns directly through the app. For an injured person, however, the key questions are who caused the delivery driver accident and which insurance coverage applies. An Ontario personal injury lawyer can investigate the collision, identify potentially responsible parties and determine which insurance policies may respond to an Uber Eats or DoorDash accident claim.
Food Delivery Insurance Coverage
Food delivery insurance coverage in Ontario can depend on the delivery platform, the driver’s status at the time of the collision and the applicable insurance policies. FSRA lists Uber Eats as having an approved delivery auto insurance product provided by Economical Insurance. Uber states that its Ontario commercial policy provides $1 million in third-party liability coverage during Period 1, when the driver is online and available, and $2 million during Periods 2 and 3, including after accepting a delivery request and while transporting the delivery. Coverage remains subject to the policy’s terms, conditions, limitations and exclusions.
DoorDash insurance coverage works differently in Canada. DoorDash states that Dashers must maintain their own primary auto insurance and that DoorDash provides excess third-party automobile liability insurance during the Delivery Service Period, which begins when a driver accepts a delivery request and ends when the order is delivered, unassigned or cancelled. DoorDash offers similar coverage of up to $1,000,000 during active deliveries. DoorDash states that this excess coverage is considered when the Dasher is liable for another person’s injuries or damages and a claim submitted to the Dasher’s own auto insurer has resulted in a coverage denial. Because coverage can vary significantly depending on the platform and what the driver was doing when the accident occurred, identifying the applicable policies is an important part of an Uber Eats or DoorDash accident claim in Ontario.
What If an Uber Eats or DoorDash Driver Hit My Car?
If an Uber Eats or DoorDash driver hits your car in Ontario, take the same immediate steps you would after another motor vehicle accident. Stop safely, exchange driver and insurance information, document the vehicles and accident scene, and obtain witness information when possible. If anyone is injured, contact the police and seek appropriate medical attention.
Delivery work can create additional driving demands. Distracted driving from checking phones is a common cause of collisions generally, and delivery drivers rely heavily on smartphones for navigation and order information. Delivery drivers often face pressure to complete orders quickly. Long hours on the road increase the risk of accidents for delivery drivers. However, none of these factors automatically establishes fault. Liability must be determined from the evidence and circumstances of the specific collision.
Insurance coverage can also be more complicated when a driver is making deliveries. Both Uber Eats and DoorDash encourage drivers to notify their personal insurance of delivery work. Uber tells delivery partners to notify their personal insurer that they participate in ridesharing or delivery, while DoorDash requires Dashers to maintain primary automobile insurance. The insurance that ultimately applies will depend on the platform, the driver’s status when the accident occurred, and the terms of the relevant policies.
Uber Eats and DoorDash have implemented safety features for delivery workers. For example, Uber provides in-app safety tools, while DoorDash offers SafeDash features that allow Dashers to access safety assistance and report certain incidents. These tools may help drivers respond to safety issues, but they do not determine who is legally responsible for a particular delivery driver accident.
If you were injured and believe the Uber Eats or DoorDash driver’s negligence caused the collision, you may have access to statutory accident benefits and may also have a potential personal injury claim against an at-fault party. Report the collision promptly to your own insurer and preserve evidence showing that the other driver was performing delivery work, if available. An Ontario personal injury lawyer can investigate liability, identify potentially applicable insurance coverage, and determine what compensation you may be legally entitled to pursue.
Can I Claim Accident Benefits After Being Injured by a Delivery Driver?
Yes. If you are injured in a car accident involving an Uber Eats, DoorDash or other delivery driver in Ontario while they were delivering food, you may be entitled to statutory accident benefits. These benefits can be available regardless of who caused the collision. This means you may be able to make an accident benefits claim whether you were another driver, a passenger, cyclist or pedestrian involved in the accident.
Ontario’s accident benefits system can provide coverage for reasonable and necessary medical, rehabilitation and attendant care expenses, subject to the applicable rules and limits. Since July 1, 2026, these benefits remain mandatory, while benefits such as income replacement and non-earner benefits are optional. Eligibility for those optional benefits depends on the applicable policy, coverage purchased, and your status under that policy.
The insurance company responsible for your accident benefits is not necessarily the delivery driver’s insurer. Ontario’s Insurance Act contains priority rules that determine which insurer must pay benefits. For example, an occupant generally first has recourse against an insurer under which they are insured; if that is unavailable, other insurers are considered according to the statutory priority rules. Because an Uber Eats or DoorDash accident can also involve delivery-related insurance, identifying the correct insurer is an important early step in the claims process.
Can I Sue Uber Eats or DoorDash for My Injuries?
If you suffer bodily injury in an Uber Eats accident or DoorDash collision, you may be able to bring a personal injury claim against the delivery driver or other at-fault parties involved. However, the fact that a driver was performing a food delivery does not automatically mean that Uber Eats or DoorDash can be held liable for the driver’s negligence. Determining liability requires examining how the accident occurred, who was negligent, and which insurance coverage applies.
One important issue is the delivery driver’s working relationship with the platform. DoorDash’s Canadian agreement expressly describes a Dasher as an independent contractor, rather than an employee, and states that contractors control how they perform their deliveries. As a result, whether you can sue DoorDash itself for a driver’s actions is a fact-specific legal question and should not be assumed simply because the driver was completing a DoorDash order.
The same caution applies if you want to sue Uber Eats. A claim against the individual driver is legally distinct from a claim alleging that the platform company itself is liable. Depending on the circumstances, the legal process may require investigating the driver’s conduct, their status on the delivery app, available insurance policies and whether there is an independent legal basis for holding another party responsible.
Even where the delivery platform itself is not legally responsible, insurance coverage connected with the delivery may still be relevant. For example, DoorDash states that it provides excess third-party auto liability coverage for Canadian Dashers during its defined Delivery Service Period, subject to specific requirements and policy terms. An Ontario personal injury lawyer can investigate the accident, identify the potentially responsible parties and determine which claims and insurance coverage may be available.
Compensation Available for Injured Victims in Ontario
If you suffer injuries in an Ontario accident involving an Uber Eats, DoorDash or other food delivery vehicle, the compensation available will depend on the severity of your injuries, your financial losses, available insurance coverage and who was legally responsible. An injured person may have access to statutory accident benefits and, where another party was negligent, may also have a tort claim against the at-fault party. The fact that a driver was working for a delivery company does not, by itself, establish that the company is legally liable.
A tort claim may include compensation for qualifying income loss and loss of earning capacity, as well as certain health-care and other financial losses. Ontario’s Insurance Act places specific restrictions on the recovery of income loss before trial. It also limits recovery of health-care expenses and non-economic damages, commonly called damages for pain and suffering, in automobile cases unless the statutory requirements are satisfied. Pain-and-suffering awards can also be subject to a statutory deductible.
Property damage to your vehicle is handled separately from your bodily injury claim. Ontario’s Direct Compensation–Property Damage coverage may cover damage to your vehicle, its contents and loss of use when its requirements are satisfied, although Ontario drivers have been permitted to opt out of that coverage since January 2024. Optional collision coverage may cover damage when your automobile collides with another vehicle or object, subject to the policy’s deductible, terms and exclusions.
Because every Uber Eats or DoorDash accident claim in Ontario is different, there is no guaranteed amount of compensation. The value of a claim must be assessed using the specific injuries, medical evidence, income and earning losses, available accident benefits, insurance policies, and circumstances of the collision.
Contact an Injury Lawyer After an Uber Eats or DoorDash Accident
If you or a loved one has been injured in a crash involving an Uber Eats, DoorDash, or other food delivery driver, Bergel Magence Personal Injury Lawyers can help you understand your rights under Ontario law. These cases can involve complicated questions about insurance coverage, liability, and whether the driver was on an active delivery or otherwise using the platform when the collision occurred.
Delivery drivers spend significant time on the road while delivering food, which can mean greater exposure to traffic and an increased risk of being involved in a collision. However, the fact that a driver was working for a delivery company does not automatically make that company liable as an employer. Liability depends on the facts, the legal relationship between the parties, the driver’s conduct and the applicable law and insurance policies.
Bergel Magence can investigate your claim, gather evidence, deal with insurance companies, and identify the parties and policies that may be relevant to your case. Our firm has represented injured people in Toronto and across Ontario for more than 50 years.
If you have been seriously injured in an Uber Eats or DoorDash accident, contact Bergel Magence Personal Injury Lawyers for a free consultation. We can review what happened, explain your legal options and help you pursue the compensation to which you may be legally entitled.
