Whether they’re transporting food or picking up orders, Instacart drivers are on the road 24/7 in California. Their increased presence on the road can lead to a higher risk of accidents for other drivers and bicyclists who are not rushing around to complete orders.
If you’ve suffered injuries due to a careless Instacart driver, contact the attorneys at Maison Law today for a no-cost, no-obligation consultation.
Who is Responsible for Instacart Accidents: The Driver or Instacart?
Unfortunately, Instacart does not provide insurance coverage for its drivers. This is because their delivery drivers are contracted employees and not full-time employees. Thus, they are not covered by Instacart’s insurance policy.
Instacart requires its delivery drivers to maintain valid insurance coverage in accordance with California state requirements. So, when an accident does occur, Instacart has removed itself from the equation, and the delivery driver’s personal insurance will be responsible for covering medical expenses, lost wages, and property damages.
What Should I Do if I’m In an Instacart Delivery Driver Accident in California?
Instacart delivery driver accidents should be handled differently than your typical car accident. An accident with an Instacart delivery employee requires additional steps. They include:
- Gather the driver’s insurance as well as the company’s insurance policy (if applicable)
- Notate whether the driver was on a delivery or not
- Understand which city or local laws may apply to delivery service accidents
- Most delivery drivers must be at least 18 years old, however, some cities require delivery drivers to be 19+ years of age with a valid license and insurance
- Do NOT admit fault
- Call the police and get a copy of the police report
- Seek immediate medical attention, even if you’re not in pain
Comparative Fault in Instacart Accidents
CACI No. 405 covers civil matters where more than one party is found at fault. In the case of Instacart bike lane accidents, Comparative Negligence law often comes into play when a bicyclist is found partially liable for their injuries. The partial liability will be decided by a judge and jury in a trial.
The way comparative negligence could play out in a bike lane accident is if, for example, a bicyclist is texting while riding in the bike lane. As the skateboarder is looking down at their phone, an Instacart driver parks in the bike lane twenty yards in front of them. The bike doesn’t look up in time and crashes into the back of the vehicle, suffering a serious head injury.
In this situation, the Instacart driver could be found partially liable for negligence by parking directly in front of a bike, or parking in a bike lane where it is not permitted (this depends on local bike lane law). The bicyclist could also be found partially liable for not paying attention while they’re riding.
So, if this case were to go to trial, fault would be determined by a “comparative negligence” system. The comparative negligence system will determine fault and the percentage of fault will affect the amount an injured victim can claim for their injuries. This is stated under Comparative Negligence Law:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, if the texting bicyclist is found 50% at fault for their bicycle accident and the court awards them $100,000 worth of damages, then their compensation would be reduced by 50% and they would recover $50,000.
Average Compensation from an Instacart Accident
The amount of compensation you can receive from an Instacart accident is dependent on the details of your accident. The following factors will play a large part in determining the total value of your car accident settlement:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
Contact and Instacart Accident Lawyer in California
If you or a loved one has suffered injuries due to an Instacart driver parking in the bike lane, the highly experienced Personal Injury Attorneys at Maison Law are committed to protecting your right to compensation, even if you were partially at fault for the accident. Our firm is skilled at reducing and eliminating, as well as reaching successful settlements for our clients.
If you’re suffering due to an at-fault Instacart driver, contact Maison Law today for a free consultation and case evaluation.
