Postmates, now owned by Uber, is an on-demand delivery service that allows app users to order everything from groceries to alcohol. Postmates drivers travel throughout Arlington at all hours, but unfortunately, the pressure to deliver quickly sometimes leads to dangerous mistakes and devastating crashes.
When a delivery driver hits you, the claim is rarely straightforward because gig-economy companies aggressively dispute which insurance policy should cover your losses. Because a driver’s personal auto policy usually denies coverage the moment they log into an app, consulting an experienced Arlington personal injury lawyer is critical.
At Monge & Associates, our attorneys know how to demand digital records to prove exactly when a delivery was active, ensuring you recover the maximum compensation available under Virginia law.
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Injured In A Postmates Accident? Contact Monge & Associates
Why Choose Monge & Associates
Monge & Associates is the firm to turn to when you have suffered an injury in an accident with a Postmates driver. Our legal team:
- Has decades of experience. Our personal injury lawyers have been fighting for victims since 1993. We’ve developed a deep understanding of the local laws, including the complex rules governing delivery accident cases. We also know the local courts, and insurers know that our team builds strong trial-ready cases.
- We’ve recovered over $1 billion in compensation for our clients. Through both court settlements and verdicts, we’ve helped clients recover $1 billion dollars in compensation. This includes many cases against delivery drivers who caused harm.
- We have the resources to investigate accidents. Uncovering fault when you’re involved in an accident with a Postmates driver can be challenging because the driver and Postmates aren’t always willing to provide key data like cell phone or app records. Our team has extensive experience building strong cases and will work from day one to obtain the evidence necessary to prove liability.
- We’re focused on fighting for clients and dedicated to pursuing maximum compensation. Our team keeps you informed, offers compassionate representation focused on your goals, and is committed to going the distance. We’re tough negotiators during settlement talks and are prepared to present compelling evidence in court.
We won’t charge legal fees unless we get compensation for you, so you can place your trust in our firm.
Complicated Liability in Postmates Accident Cases
In some delivery driver accident cases, the company that employs a driver is vicariously liable if the driver causes a crash. However, Postmates drivers are independent contractors and not employees. This means that vicarious liability rules don’t apply and a Postmates driver is not considered to be an agent acting on behalf of the company.
However, Yahoo Finance indicates that Postmates provides third-party insurance coverage, which is supplemental coverage that offers protection that adds to a driver’s liability coverage. This insurance provides protection only if the delivery driver has accepted a delivery and the coverage ends when the delivery is complete.
Virginia has certain laws that regulate when food delivery services can accept orders, and delivery drivers are expected to comply with all rules of the road.
Your Legal Rights After an Arlington Postmates Accident
When you become involved in an Arlington Postmates accident, you must understand the laws that apply in Virginia that establish your legal rights. Specifically:
- A two-year statute of limitations applies to delivery driver accident claims and other personal injury cases. You must bring your claim within this time, or you risk your claim being time-barred and unable to move forward.
- You must establish negligence to prove liability and recover compensation. You’ll need to show the Postmates driver (or other drivers on the road) were negligent or unreasonably careless. You can usually demonstrate this by comparing their behavior to a reasonably competent driver or by showing a violation of a safety rule. You also must show their negligence was the direct cause of your harm.
- You should be entitled to full and fair compensation for losses. This includes payment for medical bills, lost wages, pain and suffering, and emotional distress. And if the accident was fatal, you may be eligible for wrongful death damages.
Monge & Associates has an in-depth understanding of Virginia law, and we can aggressively enforce your rights.
How Our Arlington Postmates Accident Attorneys Can Help
If you or someone you love was hurt or killed in an accident involving a Postmates delivery driver, Monge & Associates can provide comprehensive legal advice throughout the entirety of your claim. Our team offers:
- A free case evaluation and consultation: We’ll meet with you at your convenience to discuss your case and explain how we can help you.
- Thorough accident investigation techniques: With decades of experience and a strong network of investigators and expert witnesses, Monge & Associates can thoroughly investigate your accident to gather the proof you need to pursue a successful claim. We can help you prove fault and demonstrate how severely you were damaged so you can maximize your compensation.
- Dealing with multiple insurance companies: When there are multiple insurance companies involved in a Postmates accident claim, we can interface between them to ensure that the companies don’t just try to push the blame off onto each other. We’ll determine all of the different sources of insurance coverage and negotiate with the insurers to maximize the chances of a favorable settlement.
We also have extensive litigation experience and are prepared and ready to go to court to get you the money you deserve.
Available Compensation for Postmates Accident Victims
You should be entitled to be “made whole” when you’re involved in a Postmates accident. Compensation you should receive includes payments for:
- Medical bills: You should be paid for any past medical care you have already received as well as ongoing care you’ll need in the future due to your injuries.
- Lost wages: You should be paid for missed days of work, vacation time, sick leave, and future lost earning power.
- Pain and suffering: Compensation should be provided for any physical pain the injuries cause you.
- Emotional distress: Anxiety, depression, and PTSD are very common after an accident. You should be compensated for any emotional distress you’ve experienced because of the incident.
Arlington Postmates Accident FAQs
Still need to know more? Here are the answers to some frequently asked questions about Arlington Postmates accidents.
Can I file a claim against Postmates directly after an accident?
Postmates provides third-party insurance coverage that is secondary to the delivery driver’s own insurance. If a Postmates driver causes you to become involved in a crash, Postmates’ insurance may help cover your losses, provided the insurance was active at the time. The insurance kicks in when a driver accepts a delivery and ends when the delivery is made.
What if the Postmates driver doesn’t have Insurance?
If a Postmates driver doesn’t have insurance, you may be able to get your losses covered by the supplementary coverage offered by Postmates, depending on the circumstances. You may also be able to recover payment for losses from your own uninsured or underinsured motorist coverage.
How is fault determined in Virginia delivery accidents?
Fault is determined in Virginia delivery accidents based on whether the driver was negligent. Negligence is assessed by comparing the driver’s behavior to a hypothetical reasonable driver. If your driver violated a safety rule that led to the accident, this can also create a presumption of negligence. If the driver’s negligence is the cause of your injury, they’re generally at fault.

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Contact an Experienced Arlington Postmates Accident Lawyer Today
Being hit by a gig-economy delivery driver can leave you dealing with severe injuries and a maze of corporate insurance policies you didn’t ask for. At Monge & Associates, we know how platforms like Postmates try to distance themselves from their drivers’ actions.
Our team of Arlington car accident lawyers will cut through the red tape, demand the driver’s app data, and pursue every available source of compensation on your behalf. We offer compassionate, client-first representation, and you owe us absolutely no attorney fees unless we win your case.
Give our Arlington office a call or contact us online today to schedule your 100% free, no-obligation consultation.