Passenger Injuries: “My Friend Was Helping Me Deliver Packages and Got Hurt: Who Pays?”

It was the holiday rush, so my friend hopped in the passenger seat to help run packages up to porches while I drove. I slammed on the brakes to avoid a dog, and my friend’s head hit the dashboard, resulting in a concussion and $15,000 in medical bills. I thought my liability insurance would cover him. It didn’t. He had to sue me personally.

Key Takeaways

  • Unauthorized Passengers are Excluded: Almost every gig platform (Amazon, Uber, DoorDash) strictly prohibits passengers. Violating this voids their insurance coverage immediately.
  • Personal Policy “Business Use” Denial: Your personal insurer won’t pay because the vehicle was being used for business.
  • The “Guest Passenger” Statute: In some states, passengers in your car cannot sue you for simple negligence, but they can sue you if you were acting as a commercial operator.
  • You Are Personally Liable: Without insurance backing, your friend’s medical bills come out of your assets.

The “Why”: The Contract Violation

The issue here isn’t just an insurance exclusion; it’s a breach of contract.

When you sign up for Amazon Flex or UberEats, you agree that only the background-checked individual will perform the work. Bringing a helper increases the risk. Insurance policies issued to these companies have a specific clause: “Coverage does not apply if the vehicle is occupied by unauthorized persons.”

Because you broke the rules, the safety net is gone.

[IMAGE: Snapshot of “Unauthorized Occupants” clause in a standard gig driver agreement]

The Investigation: Carrier Responses

I called three major carriers and asked a hypothetical: “If I’m delivering pizza and my girlfriend is in the car and gets hurt, is she covered?”

1. The Gig Company (Uber/DoorDash)

  • Response: “Coverage is void.”
  • Analysis: They will not pay a dime for your passenger’s injuries. They might pay for the other driver you hit, but not the unauthorized person in your front seat.

2. Progressive (Personal Auto)

  • Response: Denial under Business Use.
  • Analysis: Even if you have “Medical Payments” (MedPay), they will likely deny it because the injury occurred during commercial activity.

3. Commercial Policy (BiBerk)

  • Response: Potential Coverage.
  • Analysis: A commercial policy generally covers passengers unless specifically excluded. However, if you admit they were “working” (helping deliver), the insurer might argue this is a Workers’ Comp claim, not an auto claim.

Comparison Table: Passenger Medical Coverage

PolicyAuthorized PassengerUnauthorized Helper
Gig App PolicyYes (e.g., Uber Rider)NO (Void)
Personal PolicyYes (Personal Trip)NO (Business Exclusion)
Your AssetsSafeAT RISK

Step-by-Step Action Plan

  1. Drive Solo: The only 100% safe move is to never bring a helper.
  2. Check “Medical Payments”: If you must bring someone, ensure your personal policy has high Medical Payments coverage ($10k+), and pray the adjuster doesn’t dig too deep into the “Business Use” aspect.
  3. Read the Terms: Some apps (very few) allow passengers if you register them. Check your specific platform’s 2026 guidelines.

FAQ

Can my friend sue the delivery app?
They can try, but the app will point to the Terms of Service violation. The lawsuit will likely slide off the App and land squarely on you.

What if my child is in the car?
Same rule applies. If you crash and your child is injured while you are delivering, the App’s insurance likely won’t cover their medical bills.

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