Stoughton, MA asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Massachusetts

Q: Was in a car accident, insurance company didn’t cover me because they came to the conclusion I was doing gig work.

At the time of the accident, I was actually on my own time, not having any active orders assigned to me by Instacart. The app was opened in the background on my phone, but I wasn’t paying any attention to it. I was heading back to the supermarket to use the facilities when the accident occurred. Would you think my insurance company should cover me?

I should add, I had another minor incident prior to this which I didn’t file a claim on, but I spoke with a rep at my insurance company who stated because there were no passengers I was carrying, they would cover me, but I chose not to file a claim.

I had no idea that personal insurance wouldn’t cover gig work prior to this, and after this exchange I’m sure you can understand why I still had no idea they wouldn’t cover me if something unfortunate should happen. Do you think they should legally have to cover me?

Thanks so much for any advice, sorry to not be more economical with my words, this is too long…

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: A Massachusetts attorney could advise best, but your question remains open for a week. Carriers can consider gig work to be non-personal use. An attorney could advise better with a copy of the carrier's denial. Good luck

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: Addendum - and the policy. The denial would be useful, but having the policy available would also need to be reviewed. Good luck

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