Unlike a typical car accident, collisions involving delivery drivers can be more complex due to overlapping insurance coverage and potential liability among multiple parties. The driver, delivery company, or even other third parties may share responsibility depending on how the accident occurred. Insurance coverage may also change based on whether the driver was actively working at the time.
While this can complicate the process, it also means there may be several avenues for compensation depending on the details of the accident. A car accident lawyer can help you understand these options and provide guidance on how to move forward.
What Legal Options Do You Have After an Accident With a Delivery Driver in Nova Scotia?
After an accident involving a delivery driver, your options for compensation may include filing an insurance claim or pursuing a personal injury lawsuit against the driver or other responsible parties. In many cases, more than one option may be available at the same time.
Option 1: File an Insurance Claim
After a delivery driver accident, filing an insurance claim is usually the first step toward recovering compensation. In an insurance claim, you must notify the appropriate insurer about the accident, which initiates the process of evaluating damages, assessing injuries, and determining liability. Depending on the circumstances, more than one insurance policy may provide coverage.
Filing a Claim Through Your Own Insurance
Filing a claim through your own insurance allows you to access Section B benefits, which cover certain losses from an accident. These benefits may include coverage of medical expenses, rehabilitation costs, and a portion of lost income. In Nova Scotia, Section B benefits are included in all standard auto insurance policies and are available regardless of who caused the accident.
This coverage is particularly important in hit and run accidents, where the responsible driver is unknown, and your own policy may be the primary way to access compensation for early expenses.
Filing a Claim Against the Delivery Driver's Insurance
You may be eligible to pursue a claim through the delivery driver’s insurer if their policy covers commercial driving. This coverage sometimes applies to accidents involving gig economy drivers, such as Uber Eats couriers. However, many personal auto insurance policies have exclusions for business use, which can restrict coverage and make it more difficult to recover compensation if they did not disclose commercial use to their insurer.
Option 2: Pursue Compensation Through the Delivery Company's Insurance Coverage
Delivery drivers may be covered under the delivery company’s insurance, whether they are employees or independent contractors. The level of coverage can vary depending on the driver’s status and the company they work for.
For example, Uber Eats provides insurance coverage for drivers in Nova Scotia, but the amount of coverage depends on what the driver is doing at the time. According to Uber’s website, drivers are not covered while they are offline. When a driver is logged into the app and available for requests, coverage may apply up to $1 million. Coverage may increase to $2 million when they are en route to pick up or complete a delivery.
Option 3: File a Personal Injury Lawsuit Against the Delivery Driver or Company
A personal injury lawsuit may become an option when a standard insurance claim is not enough to cover your losses. This option is often available in cases involving serious injuries, long recovery periods, or lasting impacts on daily life. It may also be considered when liability is disputed.
Unlike a standard insurance claim, a personal injury lawsuit requires court involvement. While many claims are resolved through settlement, some proceed to trial where a judge or jury determines the outcome if no agreement is reached.
In delivery driver accidents in Nova Scotia, liable parties may include the driver, the delivery company, or another involved party, depending on the circumstances.
Option 4: Pursue Personal Injury Claims Against Other Responsible Parties
Personal injury claims in delivery driver accidents may involve more than just the driver and the delivery company. Depending on the circumstances, other third parties may also share responsibility for the crash.
Liable parties may include the following:
- Vehicle owners: Leasing companies, fleet operators or others who own or manage the vehicle involved
- Cargo loaders and shippers: If improperly secured or overloaded cargo contributed to the accident
- Parts manufacturers: If a defective vehicle component, such as faulty brakes or a blown tire, played a role in the crash
- Government entities: If unsafe road design, missing or broken traffic signals, or poor road maintenance contributed to the incident
Option 5: Pursue a Wrongful Death Claim After a Fatal Delivery Driver Accident
If a delivery driver’s negligence results in a fatal accident, surviving family members may be able to bring a wrongful death claim. This type of claim can address both the economic and emotional consequences of the loss.
If you have lost a loved one due to an accident with a delivery driver, you might be eligible to pursue compensation for the following losses:
- Loss of companionship
- Loss of future earnings anticipated over the victim’s lifetime
- Reimbursement for funeral and burial expenses
- Reimbursement for medical bills
- Reimbursement for out-of-pocket expenses
- Pain and suffering for the survivors
- Benefits lost due to the victim’s death
Wrongful death cases in Nova Scotia are often complex. At Valent Legal, our lawyers are committed to pursuing compensation for all losses resulting from the death of your family member. We have the experience to negotiate your claim and work toward a fair and full recovery on your behalf.
Choosing the Right Path to Compensation After a Delivery Driver Accident
The compensation options available after a delivery driver accident are determined by the facts of the case. Every accident is different, and the appropriate course of action depends on several key considerations. These typically include who is at fault, what insurance policies apply, and the extent of your injuries and related losses. Below are some questions to consider as you determine your next steps.
Who Was At Fault for the Accident?
The party found responsible for the crash is typically the one whose insurance covers damages, which may include the delivery driver, the delivery company, another motorist, or a combination of parties.
In some cases, the injured person may also share responsibility for the accident or be found entirely at fault, which is referred to as contributory negligence. When fault is shared, compensation is typically adjusted to reflect each party’s degree of responsibility. If the injured party is fully at fault, they may not be eligible to recover compensation from others involved.
Was the Driver Working at the Time of the Accident?
A delivery driver’s status at the time of the accident affects insurance coverage and liability because it determines which insurance policy applies. If the driver was actively working, such as logged into a delivery app or completing a pickup or delivery, commercial or company insurance may apply. If the driver is offline or not engaged in delivery work, their personal insurance is more likely to apply instead.
Is the Driver an Employee or Independent Contractor?
A delivery driver’s relationship with the delivery company can affect who is responsible for an accident because it helps determine whether the company may share liability. If the driver is an employee, the delivery company may be held responsible for their actions while working within the scope of their employment. If the driver is an independent contractor, liability may be more limited, although company insurance or policies may still apply depending on the situation.
What Insurance Coverage Is Available?
Identifying all potentially available insurance coverage is an important step after a delivery driver accident because more than one policy may apply. Applicable policies may include the delivery driver’s personal insurance, the delivery company’s commercial coverage, or your own insurance policy.
In some cases, the at-fault driver is uninsured or underinsured, meaning their coverage is not enough to pay for your losses. When this happens, other policies may become important sources of compensation, depending on the circumstances of the accident and the terms of each policy.
Speak With a Delivery Driver Accident Lawyer to Learn More About Your Options
Delivery driver accidents can involve multiple insurance policies and liability questions that can be difficult to navigate on your own. At Valent Legal, we have decades of experience helping car accident victims and their families across Atlantic Canada, and we are here to guide you through the process with clarity and care. Our client testimonials attest to how we’ve supported injured accident victims throughout their injury claims.
If you are unsure where to start, we are ready to review your case and help you move forward. Contact us online or call (902) 443-4488 for a free consultation.