What If The DoorDash Driver Who Hit Me Was Drunk In Virginia

Key Takeaways:

If you are a driver on Virginia roads who usually drives late at night or early in the morning, you should consider the following: “What If The DoorDash Driver Who Hit Me Was Drunk In Virginia?”

• It depends on the Dasher’s status in the app at the time of the accident whether DoorDash insurance will apply to your case. 
• A DoorDash driver accident can be arrested for DUI and also be sued separately from that.
• Punitive damages are possible against the drunk driver in Virginia up to $350,000.
• Drunk DoorDash driver accident Virginia, to be hit by a drunk driver is not good enough; when that driver works for DoorDash, another question is added to the first: who insures? 
• In Virginia, it is based on what the driver was up to within the app during the time of the accident, and the tort system makes it crucial.

Being struck by an intoxicated delivery driver is one thing, but figuring out which party will pay should not fall on you when you are healing from your injuries. My name is Robert Tatum, founder of Tatum & Atkinson Law Firm. 

Our law firm, founded in 2006, has a total of more than 65 years of experience working on DoorDash accident cases and delivery driver accident cases in Virginia. Let us be your trusted Virginia car accident lawyer and know exactly how to deal with DoorDash insurance.

Drunk Driving Crime and Your Personal Injury Case Are Separate

In the event that a drunk driver causes you harm, there could be two separate cases filed in court. 

• In one case, the prosecution charges the DUI accident crime to punish the criminal. 
• In the other case, your personal injury claim is civil and is used to pay for the expenses of the accident, regardless of whether you have won the DUI charge or not. 

A high blood alcohol level makes your case easier, but the personal injury claim is separate.

How Does Insurance Work With DoorDash?

Though the driver may be directly responsible for the DoorDash accident, DoorDash classifies its drivers as independent contractors. 

“The key here is the driver’s ‘Active Status.’ This,” writes DoorDash, “is the period between the time a Dasher accepts a delivery through its completion or cancellation or if it is reassigned.” The coverage depends on the status: 

• Active delivery (accepted through completion); DoorDash insurance has coverage for third-party liability, in amounts up to $1 million in most states, which would be excess over the driver’s own coverage. 
• Logged in, but not delivering; in Virginia, DoorDash typically does not offer any coverage. 
• App closed; there is just the driver’s own auto insurance in effect. 

Personal auto policies do not cover deliveries, so the delivery driver accident insurance company will likely reject the claim, but that is precisely the situation where DoorDash insurance, or uninsured/underinsured motorist coverage, applies.

Punitive Damages Against a Drunk Driver in Virginia

There is an explicit law for drunk driving in Virginia. According to Va. Code § 8.01-44.5, if the blood alcohol level of the driver is above 0.15% or if the driver unreasonably refuses testing, then such conduct shall be considered willful and wanton conduct, entitling punitive damages, together with the remainder of your claims. The maximum limit for punitive damages is $350,000.

1% Rule and Evidence Shielding You From Liability

Virginia is a jurisdiction that follows a strict rule of contributory negligence; hence, you get nothing if you are 1% at fault. The insurance of the drunk driver shall be actively searching for that 1%. Fault evidence comprises the police report, the result of the blood alcohol content and field sobriety tests, witness statements, dash cam and surveillance camera videos, and DoorDash proof that the driver was at fault; all of which vanish after several days.

Injured by a Drunk DoorDash Delivery Driver in Virginia, Tatum & Atkinson Law Firm Provides Legal Assistance

Now that you have been injured in a DoorDash driver accident caused by a drunk delivery driver when you were driving your car, you will not only be suffering physical pain but also struggling with insurance laws. But knowing what you can do to resolve your situation will come at zero cost. 

Tatum & Atkinson Law Firm, your trusted Virginia car accident lawyer team, is a law firm representing accident victims in the entire state of Virginia from our law offices located in Cedar Bluff, serving southwest Virginia, where all our Virginia cases are handled by Jon Ward, our Virginia lawyer. 

Tatum & Atkinson Law Firm specializes in sorting out the complicated issues of coverage involving a delivery driver accident, which includes DoorDash insurance, the driver’s personal insurance, and any underinsured motorist insurance you have. 

You can reach us at (800) 529-0804 for the first free consultation at our office located in Cedar Bluff. We operate on a contingency basis.

FAQs: What If The DoorDash Driver Who Hit Me Was Drunk In Virginia?

Can I sue DoorDash directly?

Not usually. In general, since Dashers are independent contractors, DoorDash is not going to be automatically responsible for a DoorDash accident. There is still coverage available; however, during an ongoing delivery, the coverage available could be through DoorDash insurance as well as any applicable insurance carried by the driver individually. 

What if the driver was only logged in but not on a delivery?

This is where recovery becomes more difficult in Virginia. Where a Dasher is logged into DoorDash but has not yet accepted an order, there will generally be no coverage provided by DoorDash for claims brought. 

Do I need the driver to be convicted of DUI to recover?

No. This is an independent case that requires a lesser burden of proof, and thus, even a reduced or dropped charge will not have any impact on your personal injury claim. Moreover, this situation is even more beneficial since the presence of a high BAC or a refusal to submit a test sample will allow filing punitive damages. 

Will filing a claim on my own insurance raise my rates?

This is not true according to the Virginia law, which prohibits insurance companies from penalizing you with a premium increase or point assignment for an accident that is not your fault. Therefore, utilizing your uninsured or underinsured motorists coverage should not be counted against you.

How fast do I need to act, and what does a lawyer cost?

Act fast. The data provided by the application may disappear in several days after the accident, although according to Virginia laws, you will have two years to file a lawsuit. These lawsuits are filed on a contingency basis, so you will not pay anything if there is no recovery, and the first consultation is free. Contact a Virginia car accident lawyer today.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.