Who Pays Damages when an UberEats Delivery Driver Causes a Crash?

When an accident involving an UberEats driver occurs the coverage the delivery driver carries is similar to that carried by Uber drivers. These policies cover accidents and injuries caused by drivers, but there are limitations and an accident attorney in Las Vegas can help plaintiffs navigate their legal options.

Causes of UberEats Accidents

UberEats drivers undergo minimal training and precious little supervision. This means that texting while driving, driver fatigue, speeding, and other reckless driving behaviors are common causes of UberEats accidents. Further, because drivers are paid based on how many deliveries they make, they are incentivized to engage in risky driving behaviors, thus further increasing the risk of accidents.

The risk of accidents increases based on the amount of time the driver spends behind the wheel, the time of day the driver operates, where the driver operates, and whether they have a habit of engaging in distracted driving behaviors.

UberEats Insurance

UberEats drivers are covered by an insurance policy with a $1 million limit. This is typically, but not always, sufficient to pay for the property damage and injuries caused in a motor vehicle collision. It should be noted that UberEats does not provide uninsured or underinsured accident coverage. 

When an accident involving an UberEats driver occurs, drivers, passengers, pedestrians, etc., must submit a liability claim to the Uber insurance policy. This is crucial because when an accident occurs involving multiple victims, each party can file an individual claim for compensation. As always, Nevada statutes apply and injured parties have up to two years from the date of the accident to file their claim.

As with other policies offered by Uber, the insurance coverage varies based on the driver’s status. It is extremely limited when the driver is in-between deliveries, and it is non-existent when the driver is “off the clock.” When drivers are not “on call” for UberEats, their personal insurance policy is responsible for any accidents, property damage, and personal injuries they cause.

Modified Comparative Negligence in Nevada

Modified comparative negligence is the law of the land in Nevada. This means that to pursue compensation, plaintiffs must be less than 51% responsible for causing the motor vehicle accident. It also means that if the plaintiff is found liable for any part of causing the accident, their compensation can be reduced to reflect their liability.

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Joseph J. Wirth

Joseph J. Wirth is the founding senior partner of Mainor Wirth Injury Lawyers in Las Vegas, Nevada. Representing injured victims throughout the state, Joe has recovered millions on behalf of his clients and has earned his reputation as a highly-respected member of the legal community.

Years of Experience: More than 15 years
Nevada Registration Status Active

Bar Admissions: State Bar of Nevada Lawyer Advertising Advisory Committee, Member 2008-Present Nevada Justice Association, Associate Member 2007-Present Nevada State Bar, Associate Member 2006-Present American Association for Justice, Associate Member 2006-Present

author-bio-image author-bio-image
Joseph J. Wirth

Joseph J. Wirth is the founding senior partner of Mainor Wirth Injury Lawyers in Las Vegas, Nevada. Representing injured victims throughout the state, Joe has recovered millions on behalf of his clients and has earned his reputation as a highly-respected member of the legal community.

Years of Experience: More than 15 years
Nevada Registration Status Active

Bar Admissions: State Bar of Nevada Lawyer Advertising Advisory Committee, Member 2008-Present Nevada Justice Association, Associate Member 2007-Present Nevada State Bar, Associate Member 2006-Present American Association for Justice, Associate Member 2006-Present