Instacart is a grocery delivery service that employs independent contractors who go to the stores, pick up the groceries, and deliver them to the buyers. They often end up laden with numerous bags, especially if they are shopping for a large household. The issue with Instacart is that it operates on the normal gig economy tactic of not providing its workers with the best coverage in the event of accidents. The company often wants its drivers to take their own cases and go after the responsible party themselves, and the company wishes to absolve itself of any liability. There are many ways that accidents can happen to Instacart drivers, and if you were injured in such an incident, you should be properly covered by the company if there is no other option. Our team of attorneys at the Downtown LA Law Group can ensure that your Instacart driver rights are protected.
Instacart Insurance Information
Instacart drivers are affected by the laws that govern independent contractors who work for driving companies. It is required that drivers hold valid auto insurance to drive for the company, or they will not be eligible to earn any income. Instacart does not provide insurance for its drivers, which means that any coverage will be handled by the driver’s carrier. The problem with this is that personal policies do not cover commercial driving – drivers must also take out a commercial policy, which can be extremely expensive in addition to their regular policy.
In the event you’re injured in an accident while driving for Instacart, you should pay careful attention to the responsible party. You may be able to pursue compensation from the company if the opposing party or your own insurance cannot provide coverage. Your rights as a driver dictate that you can seek out restitution in such events.
Where Instacart Accidents Happen
Instacart accidents are not uncommon. Car accidents while delivering groceries can happen because other drivers run stop signs, run red lights, speed, change lanes without signaling, drive under the influence of drugs or alcohol, and more.
However, the vast majority of accidents are actually slip and fall accidents, and not car crashes. Even though the drivers are delivering groceries, they are often in places where they may not be familiar with the layout or where the locations are not safe. Some locations where Instacart accidents happen include:
- Stores where specific groceries or products need to be picked up that are not present elsewhere; accidents can happen due to merchandise in the aisle, broken steps, faulty handrails, and more
- Markets and grocery stores, which can have spilled food and drinks, wet floors, slick floors from just being cleaned, and a lack of hazard signs from cleaning due to forgetful employees
- Customer’s homes, which can be dangerous to navigate because of problems with the property, or there can be dogs that attack strangers
If you were delivering groceries for Instacart and you were hurt, you may be able to file a premises liability lawsuit against the location. You were technically a licensee and you had a right to be on the property to provide a service to someone else. Licensees are able to collect compensation if it can be proven that the property owner knew about the hazard but did nothing to fix it, provided no warnings about the potential issues, or was unaware yet reasonably should have known there were problems.
However, if you are unable to secure any compensation from a property owner, you should use your rights as an employee and seek coverage from Instacart. You may need legal representation to do so, though, as Instacart routinely ignores driver rights.
Injuries from Instacart Accidents
You can suffer a fair amount of injuries if you were involved in an accident while working for Instacart. Some of the damages may linger for months after the incident, especially if you don’t get medical treatment quickly. Injuries that you can sustain include the following:
- Hip injuries
- Neck and spinal cord injuries
- Herniated or ruptured discs
- Broken bones
- Traumatic brain injuries
- Closed head injuries
- Internal organ damages
- Internal bleeding and hemorrhaging
- Muscle damage and torn ligaments
- Nerve damage
- Severed limbs and digits
Some types of accidents lead to more severe injuries than others do. For example, a car crash at a moderately high speed is more likely to result in life-threatening damages than a fall over a cracked sidewalk.
How to Sue Instacart for Damages
If you wish to file a lawsuit against Instacart for injuries from an accident, you should follow these steps:
- Go to the doctor for medical attention
- Do not hesitate to get treatment, as a delay can worsen your injuries and inflict damage on your claim – the insurance agent will doubt that you were seriously hurt at all or that you were even injured while driving for Instacart
- Hold on to medical records, insurance bills, treatment lists, prescriptions, test results, and more
- Take photos of your injuries
- Take pictures of any damage done to your vehicle, as well as photos of the scene of the incident; if you can acquire video footage, you should do so
- Interview eyewitnesses for their statements and testimonies to add to your claim
- Collect contact information and insurance details from any other party that was involved in the incident
- File an incident report with the company
It is in your best interest if you reach out to an expert lawyer with experience in Instacart accidents and knowledge of worker rights. We will be able to answer all your questions, help you gather your evidence, write a demand letter, and negotiate with the insurance agent. We will file your claim and for you so that you can focus on recovering from your injuries. It can be very difficult to take legal action against Instacart, and we are more than willing to take up the challenge.
Statute of Limitations on Instacart Lawsuits
Personal injury claims have a statute of limitations of 2 years from the date of the injury in California. If you fail to sue within that time period, you will not be able to collect any compensation. Our attorneys can inform you about specific rights you have as a driver and a victim. Many victims do not know the proper statute of limitations for their cases or they fail to file on time. We will guarantee that all your necessary documents are submitted on time and that you do not miss any important or crucial deadlines.
There are some exceptions to the statute of limitations, though. You may be able to qualify, depending on the circumstances of your case. Some examples include:
- Minors involved in accidents can wait until they turn 18 years old to sue
- Incapacitated victims can wait until they return to health to take legal action<>/li>
- Cases with absent defendants can wait until they return to California before filing a lawsuit
Speak with our lawyers today and we’ll tell you how much time remains on your case. We will ensure your evidence is all together so nothing is lost or corrupted over time.
Compensation from an Instacart Accident
An Instacart accident can be quite serious for drivers. If you were injured because of the negligent action of another entity, or if you were simply hurt while making a delivery for the company, you can pursue legal action. Our attorneys will see to it that you earn the following:
- Medical bills from the past and future for surgery costs, hospital stay, ambulatory transportation, medication, physical therapy, and more
- Property damage for lost items or vehicular damage
- Lost income for time you could not work, as well as future missed income for days you won’t work due to treatment or recovery time
- Pain and suffering damages for mental stress, anxiety, fear, PTSD, and more
You shouldn’t be expected to cover these expenses if you were not at fault for the incident. Let our firm help you sue Instacart for injuries.
The Best Law Firm in the City
The Downtown LA Law Group prides itself on dedication and commitment. We have handled dozens of Instacart accident cases over the years and we know the best methods for success. We always inform clients about their rights as Instacart drivers and what they are entitled to in the event of any accidents or injuries. If we have to go to court to fight for your rights, we are willing to do so.
Call today to schedule a free legal consultation to discuss your case. We’ll help you understand the ins and outs and answer all queries and concerns you have. All consultations are totally confidential as well, and your personal details won’t be shared elsewhere. If you hire us, you won’t pay any money to our firm thanks to our zero fee guarantee. We get paid only if we win, and if we lose, we eat the costs of the case. You won’t owe us anything from start to finish.
To sue Instacart for injuries or to learn more about your worker rights as an Instacart driver, contact the Downtown LA Law Group today.