Unmarked But on the Clock: What to Do If You’re Hit by a Gig Driver in Ohio

You’re stopped at a red light when suddenly, an SUV slams into the back of your car. Nothing about the other vehicle stands out. No company logo, no markings—just another nondescript vehicle on the road.

When the driver gets out to talk to you, you notice a large red insulated bag on the passenger seat, the kind used to keep food warm for deliveries. You try to catch the name on the bag—it looks familiar—but the driver quickly shuts the door, and you lose your chance.

Later, after exchanging insurance information and getting home, you realize where you’ve seen that bag before: DoorDash. It hits you that the driver might have been on a delivery when they caused the crash. The information they gave you was for a personal insurance policy…but could the company also be responsible? And how would you even prove they were working at the time?

Common Gig Drivers on Ohio Roads

In today’s gig economy, thousands of Ohio drivers use their personal vehicles to deliver food, groceries, packages, or provide rideshare services.

These drivers aren’t limited to cities like Columbus, Cincinnati, or Cleveland. They’re everywhere, from small towns to suburban streets, driving cars and SUVs that look completely ordinary. But at any given moment, many of them are “on the clock.” As the gig economy continues to grow, it’s increasingly common to encounter:

• Food Delivery Drivers (DoorDash, Uber Eats, Grubhub, Postmates). These drivers are often rushing to meet delivery deadlines in nonbranded personal vehicles, sometimes juggling multiple orders at once.
• Package & Retail Delivery Drivers (Amazon Flex, Walmart Spark, Instacart, Shipt, Roadie). They deliver groceries, packages, or retail items and make frequent stops in residential neighborhoods. Many (but not all) drive delivery vans. Some have ordinary-looking cars and SUVs. They’re typically carrying dozens of deliveries under tight deadlines.
• Rideshare Drivers (Uber, Lyft). Drivers for Uber, Lyft, and similar rideshare companies use their personal vehicles to transport passengers. Their cars may look like any other on the road, but they could be hustling to maximize pickups and drop-offs while navigating unfamiliar routes.
• Specialty or Contract Drivers (GoShare, Curri, Veho, Lugg, Dolly). Drivers for these companies deliver furniture, building materials, or other large items. Vehicles may be unmarked trucks or vans with little or no branding.

Gig workers generally aren’t considered employees of the companies that pay them for their services. Most are independent contractors who use their own vehicles, set their own hours, and run their own businesses, participating in the “gig economy” to earn extra cash on the side or working independently as their full-time occupation.

This type of work has exploded in recent years. Around 40 million Americans participate in the gig economy, including an estimated 180,000 Ohio gig workers, or 3% of the state’s workforce.

In recent years, the number of Ohio gig workers has grown by more than 200%. Not all of these workers are gig drivers, and not all gig drivers are on the road all day. But even figuring conservatively, at any given hour, there are potentially thousands of gig workers delivering goods or transporting passengers across Ohio.

How to Tell if the Driver Was Working

Most of us have used rideshare or delivery apps for everything from midnight burgers to grocery runs or appliance drop-offs and haul-aways. We value their convenience and flexibility, but rideshare and delivery accidents also introduce a new wrinkle in determining liability and insurance coverage.

One of the first challenges is figuring out whether the driver was working at the time of the accident. Because many use their own vehicles without visible branding, it’s not always obvious who’s on the clock.

If you forget to ask—or the driver refuses to answer—there are still subtle clues that can help you spot a working gig driver. Here’s what to look for if you may have been hit by a gig driver in Ohio:

Food Delivery Drivers

• Insulated food bags or drink carriers inside the car
• Phone mounted on the dashboard showing a delivery app or active navigation
• Receipts, multiple drinks, or food smells in the vehicle
• Stacked wire racks or dedicated shelving for large catering orders

Package & Retail Delivery Drivers

• Grocery totes, shipping boxes, or barcode labels in the car
• Package scanner on the console or passenger seat
• Reflective vests or lanyards worn for deliveries
• Frequent stops or idling in residential areas

Rideshare Drivers

• Small windshield decals or digital signs (sometimes easy to miss)
• Dashboard-mounted phone showing passenger details or maps
• Conversation clues such as “I just dropped someone off” or “I’m waiting for my next ride”
• Driver’s app beeping or buzzing with new ride request

Specialty/Contract Drivers

• Vans or trucks loaded with tools, furniture, or oversized packages
• Branded safety gear or ID badges
• Multiple delivery addresses or stops on their phone screen
• Non-personal magnetic decal or temporary company sign on the door or rear window

A single small clue, like a delivery bag, safety vest, or app screen, can help identify which company’s insurance coverage might apply. When in doubt, make notes or take photos at the scene. They could make all the difference later.

Insurance Coverage After a Gig Driver Accident

Insurance after a gig-driver crash can be complicated. Depending on the driver’s status, two or more layers of coverage may apply, and which one applies first can determine how much compensation is available.

• Personal Auto Insurance: Most drivers use their personal vehicles. However, personal policies often contain “business use” exclusions. If the driver was working at the time of the crash, their insurer can deny coverage, making the company’s policy the critical factor.
• Company-Provided Insurance: Gig companies typically offer tiered coverage based on the driver’s status.
• Hybrid Gig or Rideshare Endorsements: Some insurers, including Allstate and Progressive, now offer rideshare or gig-specific endorsements that extend personal coverage while logged into an app. If a driver has one of these policies, it may provide an additional source of coverage, even if the company’s main policy doesn’t apply.

Platform	App OFF (Personal Use)	App ON, Waiting for Request (Phase 1/Available)	Active Trip/Delivery (Pickup to Drop-off, Phases 2 & 3)
Uber & Lyft (Rideshare)	Personal Policy Only (Risk of Denial)	Contingent Liability: $50,000/$100,000/$25,000	Primary Commercial: Up to $1,000,000 Liability + UM/UIM
DoorDash / Uber Eats (Food Delivery)	Personal Policy Only (Risk of Denial)	Uber Eats: Contingent Liability ($50k/$100k/$25k) OR DoorDash: NO Company Coverage Provided	Primary Commercial: Up to $1,000,000 Liability
Amazon Flex (Package Delivery)	Personal Policy Only (Risk of Denial)	N/A (Works in delivery blocks—no ‘waiting’ phase)	Primary Commercial: Up to $1,000,000 Commercial Liability + UM/UIM

Which Policy Applies First?

Ohio is a fault-based insurance state, so the at-fault driver’s insurance is typically responsible. However, for a gig driver, the policy priority is layered:

Layer 1: Personal Policy

• Rule: Applies first to the at-fault driver.
• Hurdle: May deny coverage immediately due to the “business-use exclusion” if the driver was logged into any gig app.

Layer 2: Company Policy (e.g., Uber, DoorDash)

• Rule: Steps in only if the Personal Policy denies coverage and the driver was actively on the job.
• Hurdle: Coverage limits vary widely ($50k vs. $1M) based on the driver’s exact status at the moment of impact. DoorDash has a major gap (Phase 1 denial) where this policy will not apply.

Layer 3: Your UM/UIM Coverage

• Rule: Applies if the driver is deemed Uninsured (both Personal and Company policies deny the claim) or Underinsured (the available policy limits are insufficient to cover your injuries).
• Hurdle: Your deductible and policy limits apply.

The key is proving whether the driver was working at the time of the accident, and this information can disappear quickly if no one asks.

• Apps can delete delivery logs or GPS data after a short period
• Driver stories may change once they speak with their insurer
• Personal policy denials can leave you scrambling for alternative coverage

How to Navigate a Gig Driver Accident

A simple question or observation at the accident scene could unlock hundreds of thousands of dollars in additional coverage. If you’re hit by a gig driver in Ohio, or suspect that the other driver is a gig worker:

• Ask if they were working or making a delivery.
• Look for clues (delivery bags, packages, uniforms, mounted phones, etc.).
• Document everything. Take photos of the scene, the vehicles, and any evidence in or on the car.
• Tell the responding officer what you noticed. It may help in the police report.
• Contact an attorney early. We can request app records, GPS logs, or company insurance details before the information disappears.

The driver who hit you might’ve been on the clock. Now, you’re on the clock to act quickly to preserve crucial evidence and filing deadlines.

Contact Graham Law for help navigating the fastest, and most accurate, route to recovery.