Skip to the article
Driver and passenger comparing route on navigation phone

RideClaim.co guides

Guides

Rideshare guide

Uber Eats, DoorDash and Instacart Accidents: Who Pays?

A delivery driver isn’t covered like a rideshare driver. Most people assume an Uber Eats or DoorDash driver carries the same $1 million policy as an Uber driver with a passenger. Usually that’s wrong. Delivery coverage tends to be lower, it applies during a narrower window, and in most states it covers nothing while the driver is just waiting for an order.

That matters whether you were hit by a delivery driver or you’re the driver who got hurt.

The short version

App Waiting for an order Order accepted through dropoff Driver’s own injuries
Uber EatsThird-party liability at state minimumsThird-party liability up to $500,000, or more where requiredNot covered by Uber’s delivery policy
DoorDashNothing in most states. Coverage in North Dakota, Indiana, Kentucky and West Virginia.$1 million combined limitSeparate occupational accident policy
InstacartShopper’s own insuranceShopper’s own insurance, unless state law requires moreShopper’s responsibility under the contract

California is different for all three. More on that below.

Uber Eats

Uber’s delivery insurance page splits coverage by app status:

  • Offline: no coverage from Uber.
  • Online and available: third-party liability at no less than the state minimum, and only if the courier’s personal policy doesn’t apply.
  • Heading to a pickup or on a delivery: third-party liability of up to $500,000, or more where state law requires it.

Some insurance comparison sites still say Uber Eats carries $1 million during a delivery. Uber’s own page describes a lower figure. For a real claim, the policy certificate in force on the date of the accident is what counts.

What Uber’s delivery coverage never pays for, at any stage: the courier’s own injuries or damage to the courier’s vehicle. Uber carries uninsured and underinsured motorist coverage for deliveries only where state law requires it.

DoorDash

DoorDash’s auto coverage depends on what it calls “Active Status.” Active Status begins when a Dasher accepts a delivery request and ends when the order is marked delivered, unassigned or canceled.

During Active Status, DoorDash lists a $1 million combined limit for third-party liability. Many guides describe this as excess coverage that applies after the Dasher’s personal policy denies the claim. Check the current policy terms before you count on the order of payment.

Outside Active Status, in most states, DoorDash provides no liability coverage, and the Dasher’s personal auto insurance is primary. That includes the time a Dasher is online and waiting for an order.

Four states require more. Their delivery insurance laws make DoorDash cover the waiting period too:

State Effective date Waiting for an order During a delivery
North DakotaAug. 1, 2023$50,000 / $100,000 / $25,000, plus $50,000 UM, $50,000 UIM and PIP$1 million
IndianaJuly 1, 2024$50,000 / $100,000 / $50,000$1 million
KentuckyJan. 1, 2025$50,000 / $100,000 / $25,000$250,000
West VirginiaJuly 1, 2025$50,000 / $100,000 / $25,000, plus UM of $25,000 / $50,000$1 million

Read the limits as bodily injury per person / bodily injury per accident / property damage.

DoorDash says it doesn’t cover accidents in those states that happened before each effective date. DoorDash also added coverage for Dashers on electric and motorized bicycles during Active Status, effective January 2, 2026.

Injured Dashers. DoorDash’s help center describes a separate occupational accident policy. It covers up to $1 million in medical expenses with no deductible or copay, and disability pay at 50% of your average weekly wage, up to $500 a week. DoorDash says the policy has been in place since June 27, 2019. Check that it applies in your state before you rely on it.

Instacart

Instacart’s shopper contract puts the insurance burden on the shopper. Under the Independent Contractor Agreement, shoppers are responsible for their own auto, health, disability and workers’ comp coverage. The contract says Instacart isn’t responsible for providing any of it unless the law requires it. Failing to carry enough coverage is a material breach, and shoppers agree to indemnify Instacart for claims arising from their use of a vehicle.

If an Instacart shopper hit you, expect the claim to run mainly through the shopper’s personal auto policy. That policy may exclude delivery work. Pin down that question early.

California: Prop 22 raises the floor

Proposition 22 applies to delivery apps as well as rideshare. In California, a delivery network company must carry automobile liability insurance of at least $1 million per occurrence to cover third parties. It must also provide occupational accident insurance for drivers who are hurt while online. That coverage includes at least $1 million in medical expenses, plus disability pay.

One catch: if a driver is online with several apps, the coverage usually follows the app with an active job at the moment of the accident.

Washington: workers’ comp doesn’t reach delivery

Washington gives rideshare drivers workers’ comp, but only for passenger trips. A Washington driver hurt while delivering food or groceries falls outside that program. See our guide Hurt While Driving for Uber or Lyft? Who Pays Your Medical Bills.

If a delivery driver hit you

The order of questions matters:

  1. Was the driver working at that moment? The app’s record of their status decides whether any app coverage applies. Get the driver’s name, plate and which app they were using. A delivery bag on the seat or food in the car is worth a photo.
  2. What does the driver’s personal policy say? Most personal auto policies exclude business use, including delivery. If the insurer denies the claim because the driver was working, the app’s coverage becomes the next question.
  3. What does your own policy cover? In no-fault states, your own personal injury protection usually pays medical bills first. If the driver’s coverage falls short, your own uninsured or underinsured motorist coverage can help. Our guide An Uber or Lyft Driver Hit Me. Whose Insurance Pays? walks through how those layers stack.

If you’re the delivery driver and you got hurt

  • Another driver at fault: their liability insurance is your main claim. It’s the only source that pays for pain and suffering and your full lost income.
  • Uninsured or hit-and-run driver: look first at your own uninsured motorist coverage. App coverage for this exists only where state law requires it.
  • Your own injuries: DoorDash’s occupational accident policy, Prop 22 coverage in California, or your health insurance. Uber Eats’ delivery policy doesn’t cover them.
  • Your car: your own collision coverage, if your policy covers delivery work. Many don’t unless you’ve added a rideshare or delivery endorsement.

What to do right away

  1. Get medical care, and tell the provider whether you were working.
  2. Screenshot every app you were logged into. Capture whether you were waiting, heading to a pickup or carrying an order. If you were working several apps, screenshot all of them.
  3. Report the accident through the app, and keep the confirmation.
  4. Get the police report number and the other driver’s insurance information.
  5. Call your own insurer and ask whether your policy covers delivery work. Ask before you give a recorded statement to anyone.

FAQs

Does DoorDash’s insurance cover me if I’m waiting for an order?

In most states, no. DoorDash lists no liability coverage outside Active Status, which starts when you accept an order. North Dakota, Indiana, Kentucky and West Virginia are the exceptions.

Is Uber Eats coverage the same as Uber rideshare coverage?

No. Uber’s delivery page describes up to $500,000 in third-party liability during a delivery. Rideshare trips carry at least $1 million. The delivery policy also doesn’t cover the courier’s own injuries or vehicle.

An Instacart shopper hit my car. Who do I file with?

Start with the shopper’s personal auto insurer. Instacart’s shopper contract makes shoppers responsible for their own auto insurance. If the insurer denies coverage because of delivery work, your own uninsured motorist coverage may apply.

I was delivering for two apps at once. Which one covers me?

Usually it’s the app with an active order at the moment of the accident. California’s Prop 22 says this directly. Screenshots of both apps settle most disputes.

Does my personal car insurance cover delivery driving?

Often not. Many personal policies exclude business use unless you’ve added a rideshare or delivery endorsement. Read your exclusions, or ask your insurer directly.

Find your state’s rules

Delivery insurance rules vary more by state than rideshare rules do. Start from the state index, or see North Dakota, Indiana, Kentucky, West Virginia or California.

Sources and limits

Company policies are described as published on the date above. Delivery apps change their insurance terms often, so check the policy in force on the date of the accident.

This is general information, not legal advice, and RideClaim.co is not a law firm. Coverage depends on your state, the policies in force on the date of the accident, and the facts.

Hurt in an accident with a delivery driver?

Request a free case review. We connect you with a firm licensed in your state. There is no cost and no obligation.

Discussion

Comments

Comments are public. Please don't share private details about your own case here.

Every lawyer wants rideshare cases. Few have won them. Every attorney in our network has.

How We Vet