Key Takeaways
- A 2023 city controller’s report showed nearly 15,000 hit-and-runs in Philadelphia, a figure that shows the high risk gig workers face.
- Pennsylvania’s two-year statute of limitations for personal injury claims means Instacart shoppers must act fast after an accident.
- Your personal auto policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage is likely your main source for compensation, since Instacart’s policy is designed to cover bodily injury to third parties, not you.
- You must file a police report in Philadelphia within 24 hours of a hit-and-run to support your insurance claim and any legal action, even if you can’t identify the driver.
- Taking photos, videos, and getting witness information right after a hit-and-run gives your personal injury claim a much stronger foundation.
The city of Philadelphia recorded a shocking 14,978 hit-and-run incidents in 2023. That number should be a wake-up call for any Instacart shopper Philadelphia driving commercially. If a hit and run delivery accident happens to you, you have to take quick, specific steps to protect your ability to get compensation. So what do you do when another driver hits you and just takes off?
Nearly 15,000 Hit-and-Run Incidents in Philadelphia in 2023
The number of hit-and-runs in Philadelphia is just plain high. The city’s Office of the Controller released a report confirming 14,978 of these crashes happened in 2023. This number isn’t an abstraction. It shows a very real risk for anyone driving for a living here. An Instacart shopper Philadelphia, who might be in and out of their car for dozens of deliveries a day across the city, has a much higher chance of being involved in one of these incidents. My take on this is simple: gig workers have to assume a hit-and-run could happen to them and know exactly what to do when it does. Sure, everyone talks about prevention and defensive driving, but having a solid plan for what comes after is just as important. For many drivers, it’s not a question of “if” but “when.”
The Pennsylvania Two-Year Statute of Limitations
Pennsylvania law is strict, giving you a two-year statute of limitations to file most personal injury claims from a car accident. An injured Instacart shopper has exactly two years from the day of the hit-and-run to get a lawsuit filed. This deadline, found in 42 Pa. C.S.A. Section 5524, is absolute. If you miss it, you lose your right to sue for compensation in court, no matter how bad your injuries are or how clear it’s that the other driver was at fault. Two years might sound like a lot of time, but it disappears quickly when you’re dealing with injuries, doctor visits, lost income, and the general stress of the situation. I’ve seen too many people wait, thinking they have plenty of time, only to find out how long it takes to collect medical records and build a case. My advice is always to talk to an attorney right away to make sure you don’t miss any deadlines. Waiting can destroy your claim.
Instacart’s Insurance Policy and Your Personal Coverage
You have to understand how the insurance works after a hit and run delivery, because it’s not what most people think. Instacart does have a commercial auto policy for shoppers, but its purpose is very specific. According to Instacart’s own policy information, they carry at least $1 million in liability coverage for bodily injury and property damage while you’re on an active delivery. This policy is there to protect third parties, people you might hit or property you might damage. Here’s the catch that trips up so many shoppers: Instacart’s policy generally does not have Uninsured/Underinsured Motorist (UM/UIM) coverage that would pay for your own injuries in a hit-and-run. This is a massive distinction. Because of this gap, your own personal auto insurance policy becomes your only real safety net. If you have UM/UIM coverage on your personal policy, that’s what you’ll have to use to cover your medical costs, lost income, and pain and suffering from a hit and run delivery. I can’t recommend this strongly enough: every Instacart shopper should pull out their own insurance policy today and confirm they have enough UM/UIM coverage. Thinking the platform’s insurance will take care of you after a hit-and-run is a big mistake.
The Indispensable Police Report
After a hit and run delivery, you must file a police report. It’s not a suggestion. Report the incident to the Philadelphia Police Department as soon as you are safely able to. While there isn’t a hard legal cutoff that voids a late report, insurance companies want to see it filed within 24 to 72 hours. A police report creates the official record of the accident, locking in the date, time, and other circumstances. You will need this document to open an insurance claim, particularly a UM/UIM claim with your own carrier. An insurer might be skeptical of your claim or deny it outright without a police report, arguing there’s no verifiable proof of what happened. Even if the police never find the driver who fled, the report itself is proof that the event occurred, which is necessary to meet the requirements of your own policy (and trust me, they will look for any reason to deny). Many insurance policies actually state that a police report is required for any UM/UIM claim involving a hit-and-run.
Documenting the Scene: Your Best Evidence
The moments after a hit-and-run are chaotic, but what you do right then can determine the outcome of your claim. Documenting the scene is the single most important action you can take. If you’re not too injured, use your phone and take pictures and videos of everything. I’m talking about the damage to your car from multiple angles, the intersection or road where it happened, any street signs, skid marks on the pavement, broken parts on the ground, and any injuries you can see. Are there any witnesses? Get their names and phone numbers immediately. Look around for cameras on nearby businesses, traffic lights, or doorbells. This documentation becomes your hard evidence. It backs up your version of what happened and can provide investigators with key details. For instance, a photo of a piece of a broken headlight on the road might help identify the make and model of the car that fled. I have seen cases succeed solely because of thorough on-scene documentation that provided the one piece of evidence we needed. Your memory will fail you. Capture every detail you can. An Instacart shopper Philadelphia faces a complicated process after a hit-and-run. Knowing the legal deadlines, the limits of Instacart’s insurance, and the need for immediate, detailed documentation will make a huge difference in your ability to recover what you’ve lost. Being prepared isn’t just a good idea. It’s how you protect your health and your income.
What should an Instacart shopper do immediately after a hit-and-run in Philadelphia?
First, get to a safe spot. Call 911 to report the crash and any injuries. Then, if you are able, start documenting everything you can with your phone, take pictures and videos of the damage and scene, and get contact information from any witnesses.
Does Instacart’s insurance cover my injuries if I’m hit by a fleeing driver?
Probably not. Instacart’s policy is mainly for third-party liability, meaning it covers others you might injure. It typically does not include Uninsured/Underinsured Motorist (UM/UIM) coverage for your own injuries. You’ll almost certainly need to file a claim under your own personal auto insurance’s UM/UIM coverage.
How long do I have to file a lawsuit after an Instacart hit-and-run in Pennsylvania?
Pennsylvania’s statute of limitations generally gives you two years from the date of the accident to file a personal injury lawsuit. It’s best to contact a lawyer well before that deadline to protect your rights.
Why is a police report so important for a hit-and-run claim?
A police report is the official record of the accident. Insurance companies require it as proof that the hit-and-run actually happened, and it’s a necessary document for filing a claim under your own Uninsured Motorist coverage.
What kind of documentation should I collect at the scene of a hit-and-run?
Use your phone to take photos and videos of the damage to your car, the location of the accident, any debris left behind, and any visible injuries. If there are witnesses, get their names and numbers. Also, make a note of any nearby security cameras that might have recorded the incident.