Hit by a DoorDash or Uber Eats Driver in Oregon? Who Pays?

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If a DoorDash, Uber Eats, or other delivery app driver hit you in Oregon, your own PIP usually pays your medical bills first. Then you can claim against the driver's insurance. If the driver was on an active delivery, the app company's insurance may also help. If no one's insurance will pay, your own uninsured motorist coverage may step in. 

You were driving, walking, or riding as a passenger when a car hit you. Then you saw the delivery bag on the seat, or the driver said they were rushing an order. Now you are wondering who pays: the driver, their insurance, or the app. 

This guide explains how these claims usually work in Oregon, in plain language. 

The short version 

If you only have a minute, here is what matters most. 

  • Your own PIP usually pays your medical bills first, no matter who caused the crash. The driver's own insurance may refuse to pay because the driver was delivering for money. Some apps keep extra insurance, but often only during an active delivery. 

  • What the driver's app showed at the time of the crash can matter a lot. Ask which app they were using. If no insurance pays, your own uninsured motorist coverage may help. 

  • You usually have two years to file a lawsuit.

Who is at fault when a delivery driver hits you 

Delivery drivers must follow the same traffic laws as everyone else. Fault works the same way as in any Oregon crash. 

Delivery driving has its own risks. A driver may be looking at the app, rushing an order, stopping suddenly, or pulling over in a bad spot. 

Oregon uses a rule called modified comparative fault. If you were partly to blame, your money is reduced by your share. If you were more than 50 percent to blame, you cannot recover (ORS 31.600). 

Who pays when a delivery app driver hits you 

Money can come from several places, and each one may point to the others.

First: PIP pays your medical bills 

PIP stands for Personal Injury Protection. Every Oregon auto policy has it. PIP pays reasonable medical bills no matter who caused the crash, so you do not have to wait for anyone to accept blame. 

Every Oregon PIP policy must cover at least $15,000 in medical bills per person, for care within two years of the crash. If you cannot work for at least 14 days, PIP can also pay 70 percent of your lost pay, up to $3,000 a month, for up to 52 weeks (ORS 742.524). 

If you were a passenger or walking, PIP may come from your own household's policy, the car you were in, or the car that hit you (ORS 742.520). 

Next: the driver's own insurance 

The driver's liability insurance pays for harm the driver caused. That can include medical bills above your PIP, more of your lost pay, and pain and suffering. Oregon drivers must carry at least $25,000 per person and $50,000 per crash for injuries they cause. 

Here is the catch. Many personal auto policies limit or exclude driving for pay, such as delivering food or packages. Some drivers buy an add-on to their policy, often called a delivery or rideshare endorsement, that covers this work. Many do not. If the driver did not, their insurer may deny your claim. 

Then: the app company's insurance, in some cases 

Each app sets its own coverage. What it pays usually depends on what the driver was doing in the app at the moment of the crash. Here is what three apps say on their own websites. 

DoorDash says it keeps auto liability coverage of up to $1,000,000 for harm to others in most states. It applies during an active delivery, from the time the driver accepts an order until drop-off. DoorDash says this coverage may apply as excess, which means it pays after the driver's own insurance. When a driver is online but has not accepted an order, DoorDash says the driver's own insurance comes first. 

Uber says it keeps no coverage for delivery drivers when the app is off. While the driver is online and waiting, it lists coverage of at least state minimums. While the driver is heading to a pickup or making a delivery, it lists up to $500,000 for injuries and damage to others. 

Amazon Flex says it provides $1,000,000 in auto liability coverage while a driver is driving and delivering. The driver must keep their own auto insurance. 

Grubhub, Instacart, and other apps have their own rules. These terms can change. The ones in effect on the day of your crash are the ones that count. 

If no one's insurance will pay, or it is too little 

Your own uninsured or underinsured motorist coverage can help. Every Oregon auto policy includes it (ORS 742.502). Under Oregon law, a car can count as uninsured when its insurance company denies coverage (ORS 742.504). That matters when a driver's insurer says "you were delivering, so we do not cover this.

Can you hold DoorDash or Uber Eats responsible? 

Most delivery apps treat their drivers as independent contractors, not employees. In general, that means the company is not automatically to blame for a driver's mistakes. 

So in most cases, your claim is against the driver. The app company's insurance is the main way the company may end up paying. Whether the company itself can be held responsible depends on the facts. That is a question to bring to a lawyer. 

Proving the driver was delivering 

Whether the driver was on an active delivery can decide which insurance pays. One insurer may say the driver was working, and the other may say they were not. 

Useful proof includes: 

  • The driver's name and which app they were driving for. 

  • A photo of the app screen, if the driver will show you. 

  • The exact time of the crash. 

  • Photos of delivery bags, food, packages, or app signs in the car. 

  • Anything the driver said, such as "I was dropping off an order." 

The app company keeps records of when the driver was online and what order they had. A lawyer may ask the company to save them. 

Key differences explained 

A few ideas come up in almost every delivery driver claim. Here they are in plain words. 

App off vs. waiting for an order vs. on an active delivery 

When the app is off, the driver is just a regular driver. Their own policy is usually the only one that applies. When the app is on but they have no order, some apps offer low limits or none at all. Once the driver accepts an order, the app's coverage is usually at its highest. 

A delivery app driver vs. an Uber or Lyft rideshare driver 

Oregon has special PIP rules for rideshare companies like Uber and Lyft (ORS 742.520). Those rules are written for carrying passengers. We did not find an Oregon law that sets the same rules for food or package delivery. So delivery cases depend more on the driver's own policy and the app's own terms. 

The driver's policy vs. the company's policy 

The driver's policy is the one they bought for their own car. The app keeps its own policy for its drivers, and it may only pay after the driver's own policy. That is why it helps to report the claim to the driver's insurer too, even if you expect a denial.

What happens next after a crash with a delivery driver

Every case is different, but most Oregon delivery driver claims follow a similar path. 

The first few days 

Getting checked by a doctor comes first, even if you feel okay. 

If anyone was hurt, each driver must file a crash report with the Oregon DMV within 72 hours. Tell your own insurance company about the crash to start your PIP claim. 

The first few weeks 

PIP starts paying your medical bills. A claim goes to the driver's insurer, and possibly to the app company's insurer. 

Adjusters from more than one insurer may call and ask for a recorded statement. You do not have to give one to the other side's insurer, and it is wise to talk with a lawyer before you do. 

The next several months 

Most people keep getting treatment. Meanwhile, the insurers may argue over whether the driver was working. A denial letter from one insurer can open the door to another, or to your own uninsured motorist coverage. 

Once your treatment is mostly done, a demand is sent to the insurer. Many cases settle at this stage. If no insurer will make a fair offer, the next step may be a lawsuit. 

What to do now after being hit by a delivery driver 

If the crash just happened, these steps can protect your health and your claim. They are general steps, not advice about your specific case. 

  • Get to a safe place and call 911 if anyone is hurt. 

  • Call the police so there is a report. 

  • Get the driver's name, phone number, license plate, and insurance information. 

  • Ask which app they were driving for and whether they had an order. 

  • Take photos of both cars, the scene, your injuries, and any delivery bags or signs. Get names and phone numbers of witnesses. 

  • See a doctor within a day or two, even if you feel okay. 

  • Tell your own insurance company about the crash. 

In the days after, keep a folder with your medical bills, missed work dates, and any letters from insurers. Save any denial letter. Do not sign anything from the driver's insurer or the app's insurer yet. A release you sign can end your claim for good.

Deadlines 

In most Oregon injury cases, including crashes with delivery drivers, you must file a lawsuit within two years of the crash (ORS 12.110). If you miss this deadline, you can lose your right to recover money, even if your case is strong. 

Some deadlines are shorter: 

DMV crash report: within 72 hours, for drivers in crashes that meet Oregon's reporting rules. Crashes with a city, county, or state vehicle: written notice may be due within 180 days (ORS 30.275). Claims with your own uninsured motorist coverage: these have a special two-year rule of their own (ORS 742.504). 

Frequently Asked Questions

  • Your own PIP usually pays your medical bills first. Then the driver's insurance may pay, and DoorDash's coverage may apply if the driver was on an active delivery. If no one's insurance pays, your own uninsured motorist coverage may help. 

  • It may. DoorDash says it keeps up to $1,000,000 in liability coverage in most states. It applies during an active delivery, from accepting an order until drop-off. It may pay after the driver's own insurance. 



  • Other coverage may step in. The app company's insurance may apply if the driver was on an order. Your own uninsured motorist coverage may also help. Under Oregon law, a car can count as uninsured when its insurer denies coverage. 

  • Yes. When the app is off, the driver's own policy is usually the only one that applies. Some apps offer low limits or none while the driver waits for an order. App coverage is usually highest once the driver accepts an order. 

  • It depends on the facts. Most apps treat drivers as independent contractors. So your claim is usually against the driver. The app's insurance may still pay, and a lawyer can tell you whether the company itself may be responsible. 

  • Not as far as we found. Oregon's special PIP rules for Uber, Lyft, and similar companies are written for carrying passengers. Delivery cases usually depend on the driver's own policy and the app's own terms.

  • Write down the driver's name, the app they were using, and the exact time of the crash. Take photos of delivery bags, food, packages, or app signs. The app company keeps records of the driver's orders, and a lawyer may ask the company to save them. 

  • Usually two years from the crash to file a lawsuit (ORS 12.110). Crashes with a government vehicle may need written notice within 180 days. It is best not to wait. 

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After a crash with a delivery driver, the driver, their insurer, and the app company may each point at someone else. You do not have to sort that out alone. The Oliveros Law Group helps people hurt in truck crashes across Oregon. Call 503.335.3800 or contact us to talk about your situation.