Illinois Grubhub Car Accident Lawyers

Experienced Injury Attorneys for Crashes Caused by Food Delivery Drivers

Food-delivery services have become a regular part of everyday life. Ordering a meal through Grubhub can be convenient for customers, but the increase in delivery vehicles on Illinois roads also means more opportunities for serious crashes. When a Grubhub driver causes a car accident, determining who is responsible for the resulting injuries can be considerably more complicated than a typical two-car collision.

A Grubhub driver may be using a personal vehicle, working as an independent delivery professional, following directions from a smartphone, picking up an order, or actively transporting food to a customer. The driver’s status at the exact moment of the collision can matter when determining what insurance policies and legal claims may apply.

Grubhub’s current Delivery Partner Agreement states that delivery partners are independent delivery professionals and are responsible for maintaining vehicle insurance for vehicles used to perform delivery services. The agreement also warns that a driver’s personal automobile insurance policy may not provide certain coverage while the driver is performing Grubhub delivery services.

For an injured person, this can create a complicated insurance investigation. If you were injured in a crash involving a Grubhub driver, determining which insurance policy applies, and whether additional coverage may be available, can be critical to obtaining full compensation.

As Naperville car accident attorney John J. Malm explains, “When a delivery driver causes a crash, we need to look beyond the accident itself. We investigate what the driver was doing at the time, what insurance coverage applies, and every source of compensation available to an injured client.”

Illinois Car Accidents Are a Serious Safety Problem

Grubhub crashes occur within the broader problem of motor-vehicle collisions throughout Illinois. The Illinois Department of Transportation maintains statewide crash statistics because motor-vehicle crash data is critical for highway-safety research and identifying trends and contributing factors.

According to IDOT’s 2024 Illinois Crash Facts, there were 923 occupant and non-occupant fatalities reflected in the report’s fatality-by-person-type table. Drivers accounted for 60.6% of fatalities, passengers accounted for 17.7%, pedestrians accounted for 18.4%, and pedalcyclists accounted for 3.1%.

Nationally, distracted driving is also a significant concern. NHTSA reported that distraction-affected crashes resulted in 3,522 fatalities in 2021, representing approximately 8.2% of all traffic fatalities that year. These statistics do not specifically identify Grubhub drivers. However, delivery drivers may face additional demands while driving, including navigating unfamiliar roads, using GPS applications, locating restaurants and customers, and managing time-sensitive deliveries.

Why Grubhub Delivery Driver Accidents Can Be Different

A conventional car accident may involve two drivers and their respective automobile insurance policies. A Grubhub accident can involve an additional layer because one driver was engaged in commercial delivery activity. The first question is often not simply, “Who caused the accident?” It may also be: What was the Grubhub driver doing at the precise time of the crash?

For example, there may be an important difference between a driver who was:

• Logged into the Grubhub platform but not actively delivering;
• Traveling to a restaurant to pick up an order;
• At a restaurant waiting for an order;
• Driving from a restaurant to a customer;
• Completing a delivery;
• Traveling after completing one delivery but before accepting another;
• Using the vehicle for an entirely personal purpose.

The precise facts can affect the insurance analysis and the potential claims available to an injured person.

Who Is Responsible for a Grubhub Car Accident?

The answer depends on the facts. In many cases, the Grubhub driver may be the primary defendant if the driver’s negligence caused the crash. Illinois law generally requires drivers to operate their vehicles with reasonable care and follow applicable traffic laws. Potentially negligent conduct can include:

• Speeding;
• Following too closely;
• Running a red light;
• Failing to yield;
• Improper lane changes;
• Distracted driving;
• Driving while fatigued;
• Driving under the influence;
• Aggressive driving;
• Unsafe turns;
• Failure to watch for pedestrians or bicyclists;
• Improper use of a cellphone or navigation system.

But identifying the negligent driver is only the beginning of the investigation.

Is Grubhub Automatically Responsible for a Driver’s Accident?

No. The fact that someone was delivering food for Grubhub does not automatically mean Grubhub is legally responsible for every accident involving that driver. Grubhub’s Delivery Partner Agreement identifies delivery partners as independent delivery professionals rather than traditional employees. The agreement also places responsibility on delivery partners for maintaining insurance and ensuring that vehicles used for delivery comply with applicable laws.

That does not mean an injured person should simply assume that Grubhub has no potential involvement in a claim. The legal analysis can depend on the specific facts, contractual relationships, applicable insurance policies, and evidence concerning the driver’s activity at the time of the accident. An experienced Illinois car accident attorney may need to investigate the relationship between the driver and the delivery platform rather than accepting an insurance company’s initial position.

Grubhub’s Insurance Requirements

One of the most important provisions in Grubhub’s current Delivery Partner Agreement concerns automobile insurance. Grubhub states that a delivery partner using a motor vehicle must maintain vehicle insurance for every vehicle used to perform delivery services. The policy must provide coverage for activities arising in connection with delivery services and satisfy applicable state and local insurance requirements. Grubhub also reserves the right to require that it be named as an additional insured.

The agreement further states that a delivery partner’s personal automobile insurance policy may not provide liability, comprehensive, collision, medical payments, personal injury protection, uninsured-motorist, underinsured-motorist, or other coverage while the driver is providing delivery services. This language illustrates why insurance issues can become complicated following a Grubhub crash. An injured person should not assume that the driver’s ordinary personal auto policy automatically covers the accident.

Illinois’ Automobile Liability Insurance

Illinois law requires motor vehicles operated on public highways to be covered by liability insurance, subject to statutory exceptions. The Illinois Vehicle Code requires liability coverage in amounts at least equal to the statutory minimums. But the existence of an automobile insurance policy does not necessarily answer whether a particular accident is covered.

Insurance policies can contain provisions concerning:

• Commercial use;
• Delivery activity;
• Permissive use;
• Exclusions;
• Coverage limits;
• Additional insureds;
• Uninsured motorists;
• Underinsured motorists;
• Cooperation requirements;
• Notice requirements.

Consequently, an injured person may need to obtain and review the relevant policies and endorsements before knowing exactly what coverage is available.

Personal Auto Insurance May Create Problems for Delivery Drivers

A driver may assume that the auto insurance policy covering the driver’s personal vehicle will cover an accident regardless of what the driver was doing. That assumption can be wrong.

A personal automobile policy may contain exclusions or limitations relating to commercial activities or delivery work. Grubhub itself specifically warns delivery partners that their personal automobile insurance may not afford various types of coverage while performing delivery services. This creates a potentially difficult situation after a crash.

For example, imagine a Grubhub driver causes a collision while transporting a customer’s food. The injured driver submits a claim to the Grubhub driver’s personal insurer. The insurer investigates and discovers that the driver was actively making a Grubhub delivery. The insurer may then examine whether the policy covers the accident. An injured person should not simply accept an insurer’s denial or coverage determination without having the policy reviewed by an attorney.

What If the Grubhub Driver Was Distracted?

Distracted driving is one of the most important potential causes of delivery-driver crashes. Delivery drivers may use smartphones for navigation, order information, customer communications, and delivery instructions. But interacting with a device while driving can divert attention from the roadway. Evidence of distraction may include:

• Cellphone records;
• GPS records;
• Delivery-app information;
• Witness statements;
• Dash-camera footage;
• Surveillance video;
• Vehicle event data;
• Police reports;
• Admissions by the driver.

An attorney investigating a serious Grubhub crash may seek to preserve this evidence before it is lost.

Common Types of Grubhub Accidents

Grubhub delivery drivers can be involved in virtually every type of motor-vehicle accident.

Rear-End Collisions

A driver who is looking at a phone, GPS, or delivery information may fail to recognize that traffic has stopped. Rear-end collisions can cause significant injuries, including whiplash, back injuries, herniated discs, and traumatic brain injuries.

Intersection Accidents

Delivery drivers may be traveling through unfamiliar areas and relying heavily on GPS navigation. A driver who fails to yield, runs a red light, or makes an unsafe turn can cause a severe intersection collision.

Pedestrian Accidents

Delivery drivers frequently travel through commercial areas, residential neighborhoods, and restaurant parking lots. A driver who fails to see a pedestrian crossing a roadway or walking through a parking area may cause catastrophic injuries.

Bicycle and E-Bike Accidents

Illinois roads increasingly include bicycles and e-bikes. A driver who fails to check before turning, passes too closely, or fails to yield can cause devastating injuries to a cyclist.

Parking Lot Accidents

Food deliveries often involve restaurants, apartment buildings, shopping centers, and residential developments. Crashes can occur while drivers are entering or leaving parking spaces, backing up, or searching for a customer’s location.

T-Bone Collisions

A side-impact collision can be particularly dangerous because the side of a vehicle provides less protection than the front or rear. These crashes can result in serious or fatal injuries.

Injuries Commonly Caused by Grubhub Accidents

The severity of a victim’s injuries can significantly affect the value of a personal injury claim. Potential injuries include:

• Traumatic brain injuries;
• Concussions;
• Spinal cord injuries;
• Herniated discs;
• Broken bones;
• Internal injuries;
• Organ damage;
• Shoulder injuries;
• Knee injuries;
• Nerve damage;
• Burns;
• Facial injuries;
• Amputations;
• Paralysis;
• Permanent disabilities.

Some injuries are immediately obvious. Others may develop over hours or days. After a crash, it is important to obtain appropriate medical evaluation even if you initially believe your injuries are minor.

What Compensation May Be Available After a Grubhub Accident?

An injured person may be entitled to seek compensation for damages caused by another party’s negligence. Depending on the circumstances, damages can include:

• Emergency medical treatment;
• Hospital bills;
• Surgery;
• Rehabilitation;
• Prescription medications;
• Future medical care;
• Lost wages;
• Reduced earning capacity;
• Pain and suffering;
• Disability;
• Disfigurement;
• Loss of normal life;
• Other legally recoverable damages.

The amount of compensation depends on the facts and evidence in the individual case.

What Evidence Should You Preserve After a Grubhub Crash?

Evidence can disappear quickly after a collision. If you were involved in a Grubhub accident, try to preserve:

• Photographs of the accident scene;
• Photographs of all vehicles;
• The police report;
• Driver and witness information;
• Medical records;
• Medical bills;
• Insurance information;
• Grubhub order information;
• Screenshots or communications related to the delivery;
• Dash-camera footage;
• Nearby surveillance footage;
• Photographs of injuries;
• Employment records documenting lost income.

Do not delete relevant text messages, photographs, emails, or other electronic information.

Why You Should Not Assume the Insurance Company Will Protect Your Interests

Insurance companies are businesses. Their responsibility is to their policyholders and financial interests, not to maximize the compensation paid to an injured person. After a Grubhub accident, an insurer may quickly contact you and request a recorded statement or medical authorization. Before providing extensive information, it can be wise to understand your legal rights.

An insurance adjuster may be trying to determine:

• How the accident happened;
• Whether you were partially at fault;
• Whether you had prior injuries;
• Whether your current symptoms were caused by the collision;
• Whether another person was responsible;
• Which insurance policies may apply;
• How much the claim may ultimately cost.

Statements made immediately after an accident can later become important evidence in a dispute.

Illinois Comparative Fault Can Affect Your Recovery

Illinois follows a modified comparative negligence system. In a personal injury case, the amount a plaintiff can recover may be reduced by the plaintiff’s percentage of fault. This makes accident investigation especially important.

For example, if a jury determines that another driver was primarily responsible but also finds that the injured person contributed to the crash, the injured person’s recovery may be reduced accordingly. Illinois law contains specific rules governing comparative fault and recovery. An attorney should therefore investigate not only why the Grubhub driver was negligent but also whether the defense may attempt to shift blame to the injured person.

What Should You Do After a Grubhub Accident?

If you have been injured in a collision involving a Grubhub driver, consider taking the following steps:

• Call 911 and report the accident when appropriate.
• Obtain medical attention for your injuries.
• Photograph the accident scene and vehicles.
• Obtain the driver’s insurance information.
• Identify witnesses.
• Preserve Grubhub-related information.
• Notify your own insurance company as required by your policy.
• Avoid giving unnecessary recorded statements to another insurer.
• Do not post about the accident or your injuries on social media.
• Contact an experienced Illinois car accident attorney.

The sooner an attorney becomes involved, the sooner evidence concerning the driver’s delivery status, insurance coverage, and potential liability can be investigated.

Frequently Asked Questions About Grubhub Car Accidents

Can I sue Grubhub if a Grubhub driver hits me?

Possibly, but Grubhub is not automatically liable simply because the driver was making a delivery. The driver’s legal status, the circumstances of the crash, contractual relationships, and applicable insurance policies must be examined.

Does Grubhub provide insurance for delivery drivers?

Grubhub’s current Delivery Partner Agreement requires delivery partners using motor vehicles to maintain vehicle insurance covering activities connected with delivery services. The agreement also warns that personal automobile insurance may not provide certain coverage while the driver is performing delivery services.

What if the Grubhub driver’s personal insurance denies my claim?

Do not assume that an insurance denial ends your claim. The policy, applicable exclusions, delivery activity, and other potentially available coverage should be reviewed.

What if the Grubhub driver was using a cellphone?

Evidence that the driver was distracted by a cellphone or another device may be important in establishing negligence.

Can I recover compensation if I was injured as a passenger in another vehicle?

Potentially. Liability depends on who caused the crash and the applicable insurance coverage. Depending on the circumstances, multiple insurance policies may need to be examined.

What if I was riding a bicycle or e-bike when a Grubhub driver hit me?

Cyclists and e-bike riders can suffer devastating injuries in collisions with motor vehicles. If the Grubhub driver was negligent, you may have a personal injury claim for your resulting damages.

What if the Grubhub driver fled the scene?

A hit-and-run accident creates additional issues, but you may still have potential sources of compensation, including uninsured-motorist coverage depending on the circumstances and applicable policy.

How much is a Grubhub accident claim worth?

There is no predetermined amount. The value depends on factors such as the severity of your injuries, medical treatment, lost income, future damages, pain and suffering, liability, available insurance coverage, and the strength of the evidence.

Contact the 5-Star Rated Illinois Grubhub Accident Lawyers at John J. Malm & Associates

A crash involving a Grubhub delivery driver can look like an ordinary car accident at first, but the insurance and liability issues can be much more complicated. Determining whether the driver was actively making a delivery, identifying the applicable insurance policies, investigating the driver’s conduct, preserving electronic evidence, and determining whether other parties may be legally responsible can all be essential to a successful claim.

If you or a loved one has been injured in a Grubhub car accident in Illinois, do not assume the insurance company will automatically provide fair compensation. The Illinois food delivery accident attorneys at John J. Malm & Associates can investigate the crash, identify potentially responsible parties, examine applicable insurance coverage, and fight to protect your rights. Contact our firm today for a free consultation about your Grubhub accident claim.