Driver says he was 'on the clock' for a gig app — now his insurer won't pay for my car??

Oh wow, this is almost exactly what happened to a coworker of mine. Guy who hit her claimed he was between deliveries for some food app, and both insurers played hot potato for almost two months. What eventually broke it open was the gig company's own internal logs — they could see whether he had an active order or was just logged into the app idle. The key is forcing them to actually pull those records instead of just taking his word for it. Don't let either side stall you indefinitely.

This is a classic coverage dodge and it's infuriating how common it is. Adjusters on both sides have every incentive to point fingers at each other — the longer they stall, the more likely you'll just give up or accept a lowball outcome. Do NOT let either insurer close your claim or mark it inactive. Stay on them in writing, by email, every single week. Paper trail is everything.

I used to work claims and I'll be straight with you — a driver's verbal statement does carry weight in an initial coverage determination, but it's not the final word. The personal insurer should actually be conducting a coverage investigation, not just rubber-stamping what their insured told them. You can formally request a written explanation of their coverage denial and ask what specific evidence they relied on. If they can't point to anything concrete beyond his statement, that's a basis to push back hard. Also, gig platforms keep timestamped GPS and order data — that's the real receipts.

Not legal advice, but situations like this — where two insurers are each claiming the other is primary — are sometimes called a 'coverage dispute' and they can drag on a while without someone applying pressure. One option is sending a formal demand letter to both parties (the driver personally and both insurers) putting them on notice that you expect resolution by a specific date. Sometimes just signaling that you understand your options changes the pace of their 'investigation.' Worth at least consulting with a PI attorney — many do free case reviews and this scenario is something they've navigated before.

Here's what I'd do right now: file a complaint with your state's insurance commissioner against the personal auto insurer. It takes like 20 minutes online and it lights a fire under adjusters fast because they have to respond formally. Do it today, not next week.

Are you physically okay? You mentioned you weren't in the car, which is good — but I just want to check since sometimes people get so caught up in the property damage fight that they forget to take care of themselves. The stress of this kind of situation is real and it takes a toll. Hope you're holding up okay.

Quick question — did you get a police report filed at the time? And did the officer note anything about whether the driver appeared to be working? That report can sometimes include details that support or undercut the 'I was on a gig' claim. If there's no report, that might be worth addressing too depending on how your state handles unattended vehicle accidents.

I know this feels like a dead end but honestly the fact that you already contacted BOTH insurers and documented everything puts you way ahead of where most people are at this stage. A lot of folks just take the first 'not our problem' and walk away. You're clearly not doing that, and that persistence is genuinely what moves these things forward.