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Oooh! That's fascinating! I do Lyft claims, so I know the Lyft policy never appears on the crash report bc The drivers typically give the officer their personal insurance card. Most personal insurance policies have exclusions for rideshare and commercial services, so I suspect the driver's personal policy would deny coverage for an accident that occurred while engaged on the Instacart app. Therefore, the plaintiff is likely in a weird area of no coverage. Do they have uninsured motorist coverage?
I just skimmed this: https://www.spadalawgroup.com/blog/are-you-covered-for-a-car-accident-with-an-instacart-vehicle-.cfm which talks about Instacart's terms of service.
Thanks for your input.
Instacart provides excess coverage. At least that’s what they sent me in response to a letter of rep.
This is my understanding as well I still try to find the 3-4 cases we have or have had
Insurer will be on accident report if there is one. If not, file suit and find out that way. With Amazon, the drivers use vehicles leased by an Amazon entity from some other company (which registers the vehicle). When driver is negligent, sue him and the employing Amazon entity(ies) under RS. Not sure how Instacart works but I assume drivers have to have their own car insurance and use their own vehicles, in which case it’s just a standard RS scope of employment scenario. They’ll claim he’s not an employee because blah blah blah.
In addition to alleging RS, your jx may have scenarios in which ICs impute liability, ratification, duty by contract (unlikely and plaintiff probably not 3rd party beneficiary, duty by statute, etc. These companies definitely have multiple levels of policies that are implicated at least to defend if you plead right. Spoliation as well