Atlanta Food Delivery Accident Attorney for Uber Eats, DoorDash and Instacart Crashes
If a driver delivering for Uber Eats, DoorDash, Instacart or Grubhub hit you in Atlanta, the insurance picture is different from an ordinary car crash. What the driver’s app showed at the moment of the crash can affect whether a company policy applies at all.
Attorney Jonathan Flack spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases before founding Flack Injury Law. Today he represents injured people only, and he knows how insurers evaluate commercial vehicle claims.
We keep our caseload small by design, so you work directly with Jonathan. Call (678) 653-0309 for a free consultation. You owe no fees or case costs unless we obtain a recovery for you.
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Why Food Delivery Crashes Are Different
Reviewed by attorney Jonathan Flack. Last reviewed: October 11, 2026.
Read our guide to delivery vehicle crashes in Atlanta to see how food delivery cases compare with Amazon, FedEx and UPS crashes.
Delivery Drivers Are Usually Independent Contractors
Uber, DoorDash, Grubhub and Instacart each describe their delivery workers in their own terms as independent contractors or independent businesses, not employees (Uber Platform Access Agreement; DoorDash Independent Contractor Agreement, updated July 17, 2026; Grubhub Delivery Partner Agreement; Instacart claims page). Many drive their own cars, and each company requires or expects them to carry their own auto insurance.
The App Status at the Moment of the Crash Matters
Delivery companies tie their coverage to what the driver was doing in the app: offline, online and waiting for an order, or on an active delivery. A crash a few minutes before or after an order can be covered very differently. App records showing when an order was accepted and completed can be important evidence.
What the Delivery Apps Say About Insurance
These are each company’s own published national policies, not Georgia-specific rules, and they can change.
Uber Eats
Uber says that when a courier is offline, Uber “does not maintain any coverage.” While the courier is online and waiting for a request, Uber provides third-party liability “up to at least state auto insurance minimums.” While the courier is en route to a pickup or on a delivery, Uber provides “coverage up to $500,000 (or more, where required) for property damage and injuries to third parties.” Uber also requires couriers to keep personal auto insurance at the minimum limits while on the app.
DoorDash
DoorDash says it provides third-party auto liability insurance for Dashers during the “Delivery Service” period, from accepting an order until it is marked delivered, unassigned or canceled. If a Dasher is online but has not accepted an order, DoorDash says the Dasher’s own insurance is primary. DoorDash’s Dasher site says this coverage is “up to $1,000,000 in most states,” and that if the Dasher has a business-use or delivery-eligible personal policy, DoorDash’s coverage “may apply as excess coverage,” meaning it pays after the Dasher’s own policy.
Instacart and Grubhub
We found no published auto liability policy from Grubhub for its drivers. Grubhub’s agreement requires drivers to “maintain vehicle insurance for every vehicle used to perform Delivery Services.” Instacart publishes no coverage amounts, though its claims page directs auto liability claims to a separate form, and Instacart says its independent contractors “are responsible for obtaining all applicable insurance,” including automotive liability. In these cases, the driver’s personal policy and your own coverage may be the main sources of payment.
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Georgia’s Rideshare Insurance Law Covers Rides, Not Food Delivery
Why the Uber and Lyft Ride Rules May Not Apply
Georgia’s transportation network company law sets insurance minimums for rides arranged through apps like Uber and Lyft, and it defines the covered periods around a “ride request” (O.C.G.A. § 33-1-24). We found no Georgia statute that sets insurance requirements for food delivery apps. Our Atlanta Uber and Lyft accident attorney page explains the rideshare rules.
Personal Auto Policies May Exclude Delivery Work
Some personal auto policies exclude coverage when a car is used for delivery. DoorDash and Grubhub both warn their drivers that a personal policy may not cover delivery work. If the driver’s policy excludes the crash and no app policy applies, your own coverage may be the main source of payment.
Your Own Uninsured Motorist Coverage
Your uninsured/underinsured motorist (UM) coverage can step in when the at-fault driver has no coverage or not enough. Auto policies issued in Georgia must include UM coverage unless an insured named in the policy rejects it in writing, and you can choose UM limits lower than your liability limits (O.C.G.A. § 33-7-11). Learn more about uninsured motorist coverage in Georgia.
Who Can Be Responsible for a Delivery Driver’s Crash
The Driver
The delivery driver is responsible for their own careless driving, such as speeding, running a light or looking at the app while driving.
The Delivery Company
Georgia generally does not hold a company liable for an independent contractor’s negligence (O.C.G.A. § 51-2-4), but there are exceptions, including when the company “retains the right to direct or control the time and manner of executing the work” (O.C.G.A. § 51-2-5(5)). We have not found a published Georgia appellate decision deciding whether a food delivery app is responsible for a driver’s crash, so these claims depend heavily on the facts and the evidence. If an Amazon delivery van or Amazon Flex driver was involved, see our Atlanta Amazon delivery accident attorney page.
What to Do After a Delivery Driver Hits You in Atlanta
Get to Safety and Call 911
If it is safe, move out of traffic and call 911. Ask for a police report.
Ask Which App the Driver Was Using
Ask the driver which app they were driving for and whether they had an active order. Do not take or handle their phone.
Document the Scene
If it is safe, photograph the vehicles, license plate, any delivery bags or signs, the scene and your injuries. Get witness names and phone numbers.
Get Medical Care and Protect Your Claim
See a doctor promptly and keep every record. Notify your own insurer, and read our guide to talking with insurance adjusters before giving a recorded statement. Georgia generally allows two years to file an injury lawsuit (O.C.G.A. § 9-3-33). You can recover if you are less than 50 percent at fault, with your compensation reduced by your share (O.C.G.A. § 51-12-33).
Talk With an Atlanta Food Delivery Accident Attorney
Jonathan can seek the app records that show the driver’s status, look for all insurance policies that may apply and deal with the insurers for you. He talks with you directly. Calls are answered 24/7. Call (678) 653-0309. The consultation is free, and you owe no fees or case costs unless we obtain a recovery for you.
Does Uber Eats Insurance Cover Me if a Delivery Driver Hit Me?
It can. Uber says it maintains third-party liability coverage of up to $500,000 while a courier is en route to a pickup or on a delivery, and coverage of at least state auto insurance minimums while the courier is online and waiting for a request. Uber says it maintains no coverage when the courier is offline.
Does DoorDash Have Insurance for Dasher Crashes?
DoorDash says it provides third-party auto liability insurance from the time a Dasher accepts an order until it is delivered, unassigned or canceled, up to $1,000,000 in most states. If the Dasher has a business-use or delivery-eligible personal policy, DoorDash’s coverage may apply only after that policy.
What if the Driver’s Personal Insurance Will Not Pay?
Some personal policies exclude delivery work. Your own UM coverage may help, and an attorney can check whether any company policy applies.
How Long Do I Have to File a Claim in Georgia?
Generally two years from the crash to file an injury lawsuit (O.C.G.A. § 9-3-33).
How Much Does It Cost to Talk With You?
The consultation is free. You owe no fees or case costs unless we obtain a recovery for you.
Contact Us
1201 W Peachtree St NW, Ste 2300
Atlanta, GA 30309
“I contacted Jonathan, who immediately responded and visited with us the next day.” Leonard Freedman, client’s husband
Do not let insurance companies control the outcome of your injury claim. Call Flack Injury Law today at (678) 653-0309 or contact us through our secure online form to schedule your free case review. The sooner you reach out, the sooner we can begin protecting your rights and fighting for the compensation you deserve.