Deceptive Tactics Used by Insurance
Adjusters in Food Delivery Injury Claims
(And How to Beat Them at Their Own Game)

In today’s modern age, food delivery services like Uber Eats, DoorDash, Postmates, and Grubhub have taken over! But the ease of food delivery comes this: There are more and more auto accidents caused by delivery drivers frequently on heavily trafficked streets, rushing to make deadlines. If you are the victim of an accident with a food delivery driver, you might assume that getting compensated is simple. That is, of course, until insurance adjusters burst your bubble.

Even if the driver appears to be at fault (say the driver blows through a stop sign), the process can be difficult, as delivery companies or their insurance carriers (whether the driver’s, the platform’s or your own) play a number of tricks that enable them to delay, devalue or deny valid injury claims. This guide demystifies these strategies and reveals the best ways to defend your rights and get the compensation you’re entitled to.

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The Complexity of Food Delivery Accident Claims

Food delivery driver accidents are not like typical car accidents because they have several layers of insurance (driver’s personal insurance, the delivery platform’s policy, commercial coverage). Classification as an independent contractor vs. employee. Which insurance plan is primary?

They often frequently have low liability limits and policy exclusions.
This affords insurance adjusters good coverage to deny liability and point fingers elsewhere. This guide will highlight some of the dirty tricks insurance adjusters may try to use against your case, as well as ways to beat them.

Denying That Coverage Applies

Among the most insidious is acting as if there is no coverage at all. The adjuster could also make the argument that the delivery driver was driving his or her private car:

As a personal policy, that of the driver does not extend to commercial use.

The delivery app’s commercial policy was not in effect when the collision occurred.

The driver was “off the clock” or “between deliveries.

How to Protect Yourself

Obtain solid documentation of the driver’s condition when the crash occurred.

Ask for precise insurance information and coverage for the shipping platform.

Consult with a personal injury lawyer to help you decide which policies you qualify to receive benefits from.

Shifting Liability Between Insurers

Insurance companies frequently engage in a process akin to playing hot potato, bouncing responsibility to some other insurer.

The driver’s insurance may point to the delivery company while the delivery platform’s insurance says the driver wasn’t working. This strategy is to delay the claim and wear you out.

How to Protect Yourself

Request written denials/responsibility from all parties' insurers.

Do not let them Ping-Pong you and bring in a lawyer who can apply pressure on every front.

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Lowballing the Settlement Offer

After insurance companies acknowledge their liability, they often offer fast, low settlements in the hopes that you will accept before fully understanding the magnitude of your injuries.

This is particularly common in the case of delivery driver accidents, where severe medical conditions or injuries can take a while to fully emerge.

How to Protect Yourself

Do not settle an offer prematurely before the full physical impact of your injuries is known.

Consider all damages: medical costs, lost wages, pain and suffering, and loss of life’s enjoyment.

Speak to an experienced personal injury attorney before accepting any settlement offers.

Asking for a Recorded Statement
(Then Using It Against You)

Adjusters may sound friendly when they ask for a brief statement

“just to get the facts,”

but their real aims are to induce you to:

Admit partial fault

Minimize your pain or symptoms

Make up something that doesn’t match your medical records

These words can be used against you to put you in a negative light.

How to Protect Yourself

The other party’s insurance company cannot force you to provide a recorded statement.

Politely say no or tell them to talk to your lawyer.

Never speculate or guess stick with what you know, or say you don’t know.

Asking for a Recorded Statement
(Then Using It Against You)

Even in cases where liability appears clear, adjusters could claim that you were partly responsible, especially in states operating under comparative negligence laws, which allow your compensation to be lowered by your degree of fault. Examples include:

“You were speeding.”

“You were distracted.”

“You had no right of way.”

How to Protect Yourself

Obtain a copy of the police report and witness statements.

Save any dashcam or surveillance video.

Do Not Apologize or Admit Fault After the Accident

Delaying your claim to create financial strain

The time dragging trick is another cynical move they use to wait until you are so behind on medical bills, so unable to work and so sick and tired of it all that you will settle for far less money than the law would otherwise award. Tactics include:

“We’re waiting on more documents.”

“We need another opinion.”

“The adjuster handling your claim is out of the office.”

How to Protect Yourself

As practice, keep a claim diary to record all communications.

Consistently follow up and ask for updates in writing.

It’s worth hiring a lawyer to expedite the process and minimize any hold-ups.

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Denying the Extent of Your Injuries

Even when you have unambiguous medical records, a lot of adjusters will say:

Your injuries were pre-existing

Your treatment was excessive

You’re exaggerating symptoms

They could even refer you to a “Independent Medical Examination” (IME) with a doctor who is known to favor the insurance company.

How to Protect Yourself

You must adhere to your doctor’s treatment.

Prevent lapses in care or no-shows.

Keep a record on how your injuries impact your daily life (pain journal, photographs, etc.)

Why You Need Car Accident Lawyer

Claims in accidents involving food delivery services are tangled in a labyrinth of liability, penny-pinching insurance companies and murky legal questions. A seasoned personal injury lawyer can assist you in:

Determining which insurance policies apply

Gathering and preserve critical evidence

Working directly with your insurance company (with all insurance companies)

Securing the maximum compensation by negotiation or litigation

The insurance company won’t be fair to you when you’re hurt in a crash with a food delivery driver. Adjusters are taught to look out for their bottom line and not your recovery.

If you know what sneaky tricks they rely on, and take steps in advance to beat them at their own game, escape the mousetrap and position your application for success.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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