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Hit by a Delivery Driver in Kentucky? What You Need to Know about Insurance.
English Lucas Priest and Owsley, LLP
With the rise of delivery apps like DoorDash, Uber Eats, Amazon Flex, and Instacart, our Kentucky roads are busier than ever with gig economy drivers. While these services are a huge convenience, they can also make things complicated when a car crash happens. I have personally handled several cases like these over the past 18 months. Whether you are the other driver, a pedestrian, or even the driver yourself–it is crucial to understand your rights and how insurance works in these situations.
The Gig Economy Insurance Gap
Many people assume that these companies provide their drivers with a strong insurance policy. The reality is often quite different. The coverage is usually limited and only applies under specific circumstances.
For example, a company like DoorDash might offer up to $1 million in liability coverage, but only if the driver is on an “active delivery”—meaning they have accepted an order and are on their way to pick it up or drop it off.
If the driver is just logged into the app, but hasn’t accepted an order yet, the company’s coverage may be much lower or not apply at all. In that case, you might be limited to the driver’s personal car insurance, which may not be enough to cover your injuries.
A Huge Problem for Everyone
Even worse, it’s often difficult to get proof of this coverage. Companies do not typically give drivers a copy of their insurance policy or even an insurance card. After a crash, it can be a nightmare for an injured person—or even the driver themselves—to track down the right insurance company. And if the company claims the driver was not “on the clock,” they may try to deny responsibility entirely.
This situation also creates a problem for the drivers. In Kentucky, most are considered independent contractors, not employees. This means they usually aren’t eligible for workers’ compensation if they get hurt on the job. On top of that, many don’t realize that their personal auto insurance won’t cover them while they’re making deliveries unless they’ve bought special “commercial” or “rideshare” coverage, which is expensive and rarely required by the companies.
As a result, a delivery driver who gets into a crash is often left in a terrible spot: no workers’ comp and no usable auto insurance. They may be injured, unable to work, and stuck with a pile of medical bills, while the company tries to avoid any responsibility.
Protecting Your Rights
If you’ve been injured in a crash with a delivery driver, you have legal options. You can file a claim against the at-fault driver’s personal insurance. If that insurance company denies coverage (which is common), an attorney can investigate to see if the driver was on an active delivery. If so, the company’s insurance may be forced to step in.
This is also where your own uninsured/underinsured motorist (UM/UIM) coverage becomes especially important. It can provide a safety net for you when the at-fault driver has little to no usable coverage.
If you are a delivery driver injured on the job, you may be able to challenge your independent contractor status and fight for the coverage you need—especially if the company was directing or controlling your work at the time of the accident.
Crashes involving gig economy drivers are rarely simple. The company insurance policies are designed to be difficult to access and easy to deny. Figuring out if a driver was “on an active delivery” and which insurance company is responsible requires a detailed investigation and legal pressure. In Kentucky, it’s important to act quickly, as evidence can disappear and insurance companies may try to delay your claim.
The gig economy has changed how we work and live, but it has also created serious legal risks for both drivers and accident victims. Whether you were hit by a delivery driver or injured while working as one, don’t assume you have to navigate this complicated situation alone. ELPO Law’s personal injury team are ready to fight for you. Contact our office at 270-781-6500 and ask for Bob Young to schedule your free consultation.
