People get a lot of things wrong about accident claims involving Instacart shoppers here in Denver, especially when it comes to comparative negligence. There are some deeply held beliefs about who’s at fault and how you get paid after a crash, and most of them are flat-out incorrect. Believing this stuff can cost you dearly, and might even stop you from getting the compensation you’re rightfully owed.
Key Takeaways
- Colorado’s modified comparative negligence rule (C.R.S. § 13-21-111) means you can still get paid if you’re partially at fault, as long as it’s 50% or less. Your total payout is just reduced by your share of the blame.
- Instacart shoppers are almost always independent contractors, not employees. This is a huge deal for your claim, because it totally changes how their insurance, and Instacart’s, is supposed to work after a wreck.
- You need to gather your own evidence. Dashcam video, witness phone numbers, and good photos are what you’ll use to fight the insurance company’s fault assessment and get the money you deserve from an Instacart accident claim.
- Even if the Instacart shopper has personal car insurance, the policy will likely have an exclusion for commercial driving, meaning they’ll deny the claim. That forces you to dig into Instacart’s own supplemental policies, which is a whole other headache.
- Waiting to see a doctor or call a lawyer after an accident with an Instacart driver is a terrible idea. It gives the insurance company a perfect excuse to argue your injuries aren’t from the crash and can wreck your whole case.
Myth 1: If an Instacart Shopper Caused My Accident, Instacart Will Automatically Pay for Everything
This is a common and dangerous assumption. You see the Instacart logo and assume the big company is on the hook for whatever its driver did, but that’s not how it works. The reality is much messier because Instacart classifies its shoppers as independent contractors, and that distinction is the whole ballgame when it comes to liability.
Unlike regular employees, independent contractors are basically small business owners responsible for their own insurance and their own mistakes. Instacart and other gig companies do have some supplemental insurance, but it’s full of gaps and limitations. For example, Instacart’s policy might only kick in after the shopper’s own insurance has denied the claim. As a Colorado Department of Labor and Employment report on the gig economy makes clear, the legal structure puts the insurance burden squarely on the individual driver for many situations. This means your first stop is the shopper’s personal auto policy, which will almost certainly deny your claim once they find out he was working. That’s a standard exclusion in pretty much every personal policy.
So, after the personal policy denies you, *then* you can try to go after Instacart’s corporate policy. But even that coverage is tricky, often depending on specific “periods” of work, was the shopper on their way to a delivery, or just driving with the app on? Untangling this mess requires a deep knowledge of insurance policies and Instacart’s specific contractor agreements. It is absolutely not a simple case of sending a bill to Instacart and getting a check.
Myth 2: If I Was Even Partially at Fault, I Can’t Recover Any Damages
This is completely false in Colorado. Different states have different rules, which is where the confusion comes from, but our law is very clear on this. We have a system of modified comparative negligence, codified in Colorado Revised Statutes (C.R.S.) § 13-21-111. The statute says you can collect damages as long as your own negligence was “not greater than” the other party’s. Practically speaking, that means if you’re found 50% or less to blame for the crash, you can still get paid.
Your final award just gets reduced by your percentage of fault. For example, let’s say your total damages are calculated at $100,000, but a jury decides you were 20% responsible for the accident. Your award gets cut by that 20%, so you’d walk away with $80,000. If you were found to be 51% at fault, you’d get zero. This system makes the fight over every single percentage point of fault absolutely critical. I’ve seen initial police reports get fault completely wrong, only to have the percentages shift dramatically after we presented accident reconstruction data and witness interviews. Don’t ever assume that initial fault assessment from the police report is the final word.
Myth 3: My Personal Auto Insurance Will Cover Me Regardless of Who Caused the Instacart Accident
Your own insurance is your first line of defense, but it’s a mistake to think it will handle everything, especially when a gig driver is involved. What your policy covers depends entirely on its specific language. If the Instacart shopper is clearly at fault, your insurer will try to get its money back from their insurance (a process called subrogation). But what happens when the shopper’s policy denies the claim because they were driving for work? Now things get messy. Your own Medical Payments (MedPay) coverage can cover initial doctor’s visits, and your collision coverage will fix your car (minus your deductible).
The real fight is for things like pain and suffering, future lost wages, and other damages that make you whole. You’re supposed to get that money from the at-fault driver’s liability policy. When that policy is either non-existent (because of the commercial use exclusion) or too small to cover your injuries, your own Uninsured/Underinsured Motorist (UM/UIM) coverage is what saves you. The Colorado Division of Insurance explains that UM/UIM is specifically for this scenario. It’s the exact protection you need when an Instacart driver’s insurance falls through. Go pull out your policy declarations page right now and check your UM/UIM limits. It’s an easily-overlooked coverage that can be the most important one you have.
Myth 4: I Don’t Need a Lawyer if the Instacart Shopper’s Insurance Company Seems Cooperative
This is probably the most dangerous myth on the list. The adjuster from the other side might sound like your best friend, but they work for the insurance company, and their one and only job is to get your claim to go away for as little money as possible. They are professional negotiators who use very specific tactics to gut your claim’s value. For instance, they’ll pressure you for a recorded statement hoping you’ll say something they can use against you, or they’ll dangle a quick, small settlement check before you even know the full extent of your injuries.
A personal injury lawyer knows these tactics and how to shut them down. Our job is to find every possible source of payment, the shopper’s policy, Instacart’s corporate insurance, and your own UM/UIM coverage. We also know how to calculate what your claim is actually worth, looking at future medical care, your reduced ability to earn a living, and your pain and suffering. Going up against a trained adjuster by yourself is a total mismatch. They do this all day, every day. As resources from the Colorado Bar Association show, personal injury law is complicated. Don’t mistake the adjuster’s politeness for a partnership. They are not on your team.
Myth 5: Minor Injuries Don’t Warrant a Claim, Especially with Instacart Involved
You should never, ever dismiss your injuries as “minor” right after a car wreck. The adrenaline that floods your system after a collision is a powerful painkiller, and it can easily mask serious problems. I can’t tell you how many clients felt “a little stiff” on the day of the accident, only to be in agonizing pain a few days later. Injuries like whiplash or concussions are notorious for having delayed symptoms. If you wait to see a doctor, the insurance company will have a field day arguing that your pain must have been caused by something else that happened in the days after the crash.
The Colorado Department of Public Health and Environment is clear: get a medical evaluation after any car crash, period. Getting checked out right away creates a documented paper trail that directly links your physical injuries to the accident. And don’t be fooled by a lack of car damage. I’ve seen cars with barely a scratch whose drivers ended up needing surgery for herniated discs. A low-speed impact, like you might get in a fender bender from a distracted Instacart driver on a busy street like Colfax Avenue near the Denver Art Museum, can still generate enough force to cause permanent soft tissue damage. Get checked out. It protects your health and your claim.
Myth 6: Collecting Evidence After an Instacart Accident is Solely the Police’s Job
The Denver Police Department officer who shows up at the scene is there to secure the area, check for serious injuries, and write a basic report. They are not there to build your personal injury case for you. Their report is just a starting point, and it’s often incomplete or even wrong. You have to be your own best advocate and gather the evidence that will actually win your case.
That means you need to pull out your phone and start taking pictures and videos of everything: the damage to both cars, the positions of the vehicles, skid marks, traffic signals, and any injuries you can see. You must get the Instacart shopper’s name and personal insurance info, but also ask to see their Instacart identification on their phone. If there are people standing around who saw what happened, get their names and phone numbers. Is there a dashcam in your car? Save that footage immediately. Every piece of evidence you collect gives you more use when it’s time to negotiate with the insurance company. The Colorado State Patrol investigates accidents for public safety, but a personal injury claim requires a much more detailed level of proof than what’s in their standard report.
Figuring out the details of comparative negligence and the unique insurance problems that come with Instacart accident claims in Denver is the key to protecting your rights. Don’t let these common myths prevent you from getting the compensation you deserve.
What is modified comparative negligence in Colorado?
It means you can get paid for an accident even if you were partially at fault, as long as your share of the blame is 50% or less. Your total compensation is just reduced by your percentage of fault. If you’re 51% or more at fault, you get nothing.
How does an Instacart shopper’s independent contractor status affect my accident claim?
It complicates everything. Because they aren’t employees, their personal car insurance will almost certainly deny your claim if they were driving for work. This forces you into a complex process of trying to get paid from Instacart’s supplemental policy or using your own Uninsured/Underinsured Motorist coverage.
Should I give a recorded statement to the Instacart shopper’s insurance company?
No. Do not give a recorded statement to the other driver’s insurer without talking to a lawyer first. They are trained to ask questions in a way that can get you to say something that hurts your case, even if you don’t realize it.
What kind of evidence should I collect after an accident involving an Instacart driver?
After an Instacart accident, use your phone to take pictures and videos of the cars, the scene, and your injuries. Get the shopper’s contact and insurance details, and get phone numbers from any witnesses. If you have a dashcam, save the video. Also, going to a doctor right away creates medical evidence.
What if the Instacart shopper doesn’t have sufficient insurance?
If their personal policy denies coverage (which is likely) or their limits are too low, the next step is to make a claim against Instacart’s supplemental insurance. More importantly, this is exactly when your own Uninsured/Underinsured Motorist (UM/UIM) coverage is supposed to kick in to protect you.
